Part VI The Law of Property, 36 Succession
Uglješa Grušić, Christian Heinze, Louise Merrett, Alex Mills, Carmen Otero García-Castrillón, Zheng Sophia Tang, Katarina Trimmings, Lara WalkerEdited By: Paul Torremans, James J. Fawcett
- Choice of law clauses — Applicable law — Immovables — Movables — Trusts
This chapter examines the legal regime governing succession to movables and immovables. Once the estate of the deceased has been cleared of debts and all taxes and duties paid, the administrator will distribute the property among those to whom it beneficially belongs. These persons are to be identified by the choice of law rules relating to succession and may vary according to whether the estate consists of movables or immovables and whether the deceased left a will or died intestate. This chapter first considers intestate succession to movables and immovables as well as various questions that arise in the case of wills before discussing the proposed European harmonisation of choice of law rules concerning succession and wills. It also analyses the powers of appointment exercised by a person through his own will, along with issues relating to capacity, formal validity, essential validity, construction and revocation of the power of appointment.