Testamentary Succession

Succession law has been developing intensively in the Russian Federation since the collapse of
the Soviet Union. One of the recent proposals to the Russian succession law has been the
introduction of the inheritance contract. The research examined specific aspects of the
inheritance contract in general and foreign experience, i.e. that of the countries that envisage
inheritance contract in their legislations (e.g., Estonia, Germany, Latvia and Ukraine).
Furthermore, the author analysed prospects of implementing the inheritance contract into the
Russian legislation. The research provided ways to improve and enhance the draft bill proposed
in the Russian Federation in May, 2015 with regard to provisions relating to the inheritance
contract. The author singled out a number of loopholes in the draft bill and suggested options to
overcome them, thus avoiding the possibility of disputes that may arise due to deficiencies in
law. Indeed, in order to adopt a new mechanism into the legislation of a country it is useful to
study foreign practice and to implement and adapt it in a suitable and effective way. The
research suggested that the Russian legislator should use the German model of the inheritance
contract, which is the most appropriate one for Russia.

Who can administer the estate of a deceased Muslim? The estate of a deceased muslim is to be administered in accordance with the Indian Succession Act,which has replaced all Islamic rules in the matter. The person entitled to administer the estate of deceased muslim are in the order of priority,the executor appointed by his will,or the administrator appointed by the court, in cases where the deceased has not left a will.Failing both,his heirs are entitled to administer his estate. A muslim can not dispose of by will more than one-third of what remains of his property,after payment of his funeral expenses and debts,and remaining two thirds must go to his heirs as on intestacy.

There are three requirements to constitute a valid DMC. They are: i) Donor contemplates his impending death. ii) Donor makes a gift which will only take effect if and when his contemplated death occurs. Until then Donor has the right to revoke the gift. iii) Donor delivers dominion over the subject matter of the gift to Recipient. As many judges have observed, the doctrine of DMC (Donatio Mortis Causa) in the context of English law is an anomaly. It enables Donor to transfer property upon his death without complying with any of the formalities of section 9 of the Wills Act or section 52 of

This article expounds on the origins of Scots law of succession to moveables in the doctrine of medieval Canon law, provides (with a restricted comparison with English law) the basic tenets of early doctrine on the status of intestate executor. It traces how Scots law, under the possible influence of Civil law doctrine, gradually changed some of its positions on this issue.

The principles of construction governing the approach to be taken by the court on an application such as this are of long-standing. The object is to discover the testator’s intention through examination of the words used in the will.2 To do so, regard is had to the rules of construction traditionally applied by the courts and the aids to construction contained in s 33C of the Succession Act 1981 (Qld).3 [4] At the heart of this interpretative exercise is the consideration of the usual meaning of the language used in the testamentary provision in question, and this is to be done in light of the will read as a whole.4 If the meaning of the provision is clear, the will shall be given that construction.5 However, in determining what a testator meant by the words used in the will, the court may receive evidence under the “armchair rule” so as to place itself in the position of the testator at the time when the will was made. In this way, the court can take account of the material circumstances which were known (or ought to have been known) by the testator at the time when he or she used the words contained in the will. - See more at: http://www.lawweb.in/2016/04/judgment-of-supreme-court-of-queensland.html?#sthash.GFladzal.dpuf

—Testamentary succession rules in the Russian Federation have been developing intensively since the collapse of the Soviet Union. The article analyzes specific aspects of the closed will in Russian civil law. It discusses advantages and drawbacks of the closed will. In addition to that, the paper focuses on the will drafting and attestation procedures. The research provides ways to improve and enhance Russian legislation governing the closed will.

Adam Smith closes the first chapter to Theory of Moral Sentiments, 'Of Sympathy', with a harmless enough assertion: 'We sympathize even with the dead'.  Death is not a topic that much interests Smith in Theory of Moral Sentiments. With the exception of a few miscellaneous thoughts in the text, the one paragraph Smith devotes to it is the extent of his interest. It is, however, a matter of interest in his Glasgow lectures on jurisprudence. To the extent we wish to observe the rights of the dead, how far may we extend these rights without infringing upon the rights of the living?  Which is the question: what are the demands the dead may make upon the living?

Аннотация: В статье рассматриваются особенности собственноручного завещания в праве Италии. Автор подробно анализирует требования к оформлению данного вида завещаний, а также выделяет условия его действительности. Все аргументы, приводимые в статье, подкреплены примерами из судебной практики. Ключевые слова: завещание, Гражданский кодекс Италии, завещатель, собственноручное завещание, условия действительности завещания. Собственноручное завещание являлось формой признаваемой лишь на севере Франции, где преобладали нормы обычного права (les pays de droit coutumier) 1 . Однако, несмотря на это, французский Гражданский кодекс воспринял данную форму распоряжения на случай смерти (статья 970 ФГК). Статья ФГК, посвященная собственноручному завещанию, была заимствована Гражданским кодексом Италии 1865 года (статья 775 ГК Италии 1865 года) и с незначительными изменениями вошла в ныне действующий кодекс (статья 602 ГК Италии 1942 года). Согласно ст. 602 ГК Италии олографическое завещание должно быть написано, датировано и подписано рукой завещателя. Только таким образом возможно установить подлинность документа и, соответственно, истинную волю завещателя. Олографическое завещание, не написанное целиком рукой завещателя, является ничтожным (статья 606 ГК Италии). Таким образом, собственноручное завещание, составленное с использованием технических средств, таких как компьютер или печатная машинка, также не имеет силы.

Na osnovi arhivskih istraživanja i historiografije prikazuje se povijest doma barskih patricija Prodija. Neposrednim prenošenjem odredbi izjave posljednje volje, fokusiran je životopis njihovoga istaknutog pripadnika Ivana Prodija. Jedan od najznačajnijih rodova tijekom razdoblja mletačke vladavine, svjedočanstvima koja je ostavio duhovnom i urbanom nasljeđu, rasvjetljava mnogostruke komponente komunalnoga života na južnome dijelu istočnoga Jadrana.

lawweb.in/2020/05/intestate-succession-under-muslim-law.html 1) Applicable law The property of a deceased muslim is to be distributed according to the law of the school to which he belonged at the time of his death. The law of the school to which the heirs belong is immaterial. 2) What property is heritable? The estate that remains after the payment of the charges that is funeral expenses,debts and legacies,out of the property of the deceased,is heritable property.It includes both movable and immovable property. As muslim law does not recognise the joint family system,no distinction is made between ancestral and self-acquired property. All property that remains after deduction of the above charges is heritable property. 3) Joint family system not recognised in muslim law. 4) in Sunni law, there is no rule of primogeniture that is the principle which lays down that if a man leaves several sons,the eldest son gets an advantage over the rest. 5) Right of heir presumptive,a mere spes successionis Under Muslim law, a son or any other heir does not acquire any interest in the property of a person by birth.The right of an heir presumptive comes in to existence for the first time only on the death of the propositus. During the life time of the propositus,his heirs presumptive have no transferable interest in his property.

Oral communication at a multidisciplinary workshop on Islands and Islanders in the Aegean and the Mediterranean. Island worlds in the longue durée. Originally given in Greek at the University of Crete, December 2014. Translated and revised in Athens, 2022

Succession law has been developing intensively in the Russian Federation since the collapse of the Soviet Union. One of the recent proposals to the Russian succession law has been the introduction of the inheritance contract. The research examined specific aspects of the inheritance contract in general and foreign experience, i.e. that of the countries that envisage inheritance contract in their legislations (e.g., Estonia, Germany, Latvia and Ukraine). Furthermore, the author analysed prospects of implementing the inheritance contract into the Russian legislation. The research provided ways to improve and enhance the draft bill proposed in the Russian Federation in May, 2015 with regard to provisions relating to the inheritance contract. The author singled out a number of loopholes in the draft bill and suggested options to overcome them, thus avoiding the possibility of disputes that may arise due to deficiencies in law. Indeed, in order to adopt a new mechanism into the legislation of a country it is useful to study foreign practice and to implement and adapt it in a suitable and effective way. The research suggested that the Russian legislator should use the German model of the inheritance contract, which is the most appropriate one for Russia.

A suit to decide shares of heirs, validity of will, and disclaimer of a bequest.
A man dies giving by his will a large proportion to his elder son, a prime immovable property (a house) to a childhood friend, and other movable and immovable properties among his wife, mother and children. The will 'also states: All that remains' is given to the elder son.
After his death, the elder son as executor of the will, seeks administration of estate. He informs the friend that by the will she is the owner of the house.
The friend does not like association with the man and his properties, and disclaims the bequest made to her.  She files a civil suit against all heirs of the testator seeking a declaration that she is not owner of the house because of the disclaimer.
In this suit, the elder son sets up the will, and asserts ownership of the friend despite her disclaimer, else ownership to the house as 'all that remains'. The other heirs ask for their shares as heirs of an intestate of the entire properties, in any case in the house because the house is not 'all that remains'.
Click or copy this link for the case: https://obiterdictadotin.files.wordpress.com/2019/06/sameera-v-amit-kusum.pdf