Succession

The Legal History of Succession

This general section provides an overview of Succession and its historical context.

Succession in the Roman Law

See the main entry of this legal history topic.

Succession in the Byzantine Law

See the main entry of this legal history topic.

Succession in the Chinese Law

See the main entry of this legal history topic.

Succession in the English Common Law

See the main entry of this legal history topic here.

Succession in the Medieval and Post-Medieval Roman Law

See the main entry of this legal history topic.

Succession in the Hindu Law

See the main entry of this legal history topic.

Succession in the Family Law in the United States

See the main entry of this legal history topic here.

Comparative Succession Law

The Harmonization of the Law of Succession

The Scope for Harmonization in the Context of the Law of Succession: The Traditional View

The Traditional View Challenged

Social Factors Influencing the Law of Succession

Economic Factors Influencing the Law of Succession

Private International Law (Conflict of Laws) and Comparative Research in the Law of Succession

The Typical Problems

Important Public International Law Instruments

The Role of Comparative Scholarship

Freedom of Testation and the Limitations Placed on it

The Principle of Freedom of Testation

The Identification of Patterns: The Role of Comparative Research

Other Focus Areas

The Contents of Wills: The Example of the Trust

The Trust as a Unique Institution of the Common Law?

The Trust in Civilian and Mixed Jurisdictions

Trust-Like Institutions in Continental Europe

The Transfer of the Estate upon Death

Introduction

Categorization

The Role of the Executor, or Representative

Contents of Succession

Contents of this subject matter include:

• Death and its aftermath: Why a will? What is Family?
• Taking Instructions for a will
• Will formalities
• Dispensing with formalities
• The testator’s state of mind: mental capacity to make a will; undue influence; fraud; burden of proof
• Republication and Revival; testator changes mind: revocation & alteration of wills
• Establishing the text: Mistake, Rectification and the Probate Court
• Construction of wills
• Failure of Gifts and Intestacy
• Legal Personal Representatives of Estates
• Administration of estates by the legal personal representative
• Family Provision or ‘forced succession’
• Supreme Court Practice and Procedure in relation to family provision claims and contested applications for grants of probate

Succession in Private International Law

This section contain conflict of laws information and cross references related to succession on some major countries and additional jurisdictions. It covers key issues involved when citizens face international situations. Information on private international law cases and courts related to succession is provided here. Details on private international law books are available here.

Resources

See Also

Further Reading

• Andrea Bonomi, “Succession”, Encyclopedia of Private International Law, Edward Elgar, 2017

Resources

See Also

• Legal Biography
• Legal Traditions
• Historical Laws
• History of Law

Further Reading

• Succession in the Oxford International Encyclopedia of Legal History (Oxford University Press)
• The Oxford Encyclopedia of American Political and Legal History (Oxford University Press)
• Succession in the Dictionary of Concepts in History, by Harry Ritter
• A Short History of Western Legal Theory, by John Kelly

Spanish Translation of succession

This is the legal translation of English to Spanish in relation to succession and / or a definition of this topic: Sucesión (in Spanish, without translation of the dictionary entry).