Description

Freedom of testation allows an individual to make effective on his death dispositions of his property on the event of his death. Dependants' relief legislation in British Columbia and compulsory portion in Germany limit this freedom by providing testator's family members with a portion of the estate. However, out of the two, only the legislation gives courts the discretion to change testamentary provisions, by making them, in some cases, entirely ineffective.A comparative analysis of the application, legal character, history and purpose of the limitations leads to the conclusion that the freedom of testation is significantly more limited under British Columbia's legislation than it is under the German law. The author proposes a solution that increases the freedom, adds predictability and reduces subjectivity of the application of the dependants' relief legislation in British Columbia.

Dependants' Relief Legislation and Compulsory Portion: Limitations on Freedom of Testation in British Columbia and Germany in Comparative Perspective

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Paperback / softback by Dorota Miler

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Freedom of testation allows an individual to make effective on his death dispositions of his property on the event of... Read more

    Publisher: JCB Mohr (Paul Siebeck)
    Publication Date: 02/10/2017
    ISBN13: 9783161554704, 978-3161554704
    ISBN10: 3161554701

    Number of Pages: 253

    Non Fiction , Law , Education

    Description

    Freedom of testation allows an individual to make effective on his death dispositions of his property on the event of his death. Dependants' relief legislation in British Columbia and compulsory portion in Germany limit this freedom by providing testator's family members with a portion of the estate. However, out of the two, only the legislation gives courts the discretion to change testamentary provisions, by making them, in some cases, entirely ineffective.A comparative analysis of the application, legal character, history and purpose of the limitations leads to the conclusion that the freedom of testation is significantly more limited under British Columbia's legislation than it is under the German law. The author proposes a solution that increases the freedom, adds predictability and reduces subjectivity of the application of the dependants' relief legislation in British Columbia.

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