Clawback Law in the Context of Succession

Conflict of Laws › Wills / Probate / Trusts

Clawback Law in the Context of Succession

By Jayne Holliday
Hart Publishing May 2020

Specifications

ISBN-13
9781509932320
Publisher
Hart Publishing
Publication
May 2020
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

This book offers a global solution for determining the law applicable to a claim to clawback an inter vivos gift from a third party within the context of a succession. The aim is to identify an appropriate applicable law framework which supports legal certainty for cross-border estate planning and protects the legitimate expectations of the relevant parties. This is an area of private international law that has yet to be handled satisfactorily as can be seen by the inadequate treatment of clawback from third parties in the 1989 Hague Convention on the Law Applicable to Succession to the Estates of Deceased Persons and the 2012 EU Succession Regulation.

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