Anne Röthel (Professor of Civil Law, European and International Private Law at Bucerius Law School) has edited a volume in cooperation with Alexandra Braun (Professor of Comparative Law at the University of Oxford) on comparative inheritance law. Passing Wealth on Death. Will-Substitutes in Comparative Perspective analyzes instruments that pass wealth on death and are functionally equivalent to wills.
Whereas wealth is most commonly transferred by will, a person can also use a variety of other means to benefit someone on death. Examples include donationes mortis causa, joint tenancies, trusts, life-insurance contracts and nominations in pension and retirement plans. In the US, these modes of transfer are grouped under the category of 'will-substitutes' and are generally treated as testamentary dispositions. Much has been written about the effect of the use of will-substitutes in the US, but little is generally known about developments in other jurisdictions. For the first time, Passing Wealth on Death examines these mechanisms across a number of common law, civil law and mixed legal jurisdictions, and explores the rationale behind their use. It investigates them from different viewpoints, including those of business owners, investors, as well as creditors, family members and dependents. The volume aims to show the complexity and dynamics of wealth transfers on death across jurisdictions, to identify patterns between jurisdictions, and to report the attitudes towards the different modes of transfer in light of their utility and the potential frictions they give rise to with policies and principles underpinning current laws.
Passing Wealth on Death contains the proceedings of an international conference that Alexandra Braun and Anne Röthel convened at Lady Margret Hall in Oxford in March 2015. Last year’s conference facilitated a lively exchange amongst academics and practitioners of inheritance law from all over the world. The volume, now published with Hart Publishing, captures the momentum originating from the event and makes a significant contribution to the growing field of comparative inheritance law.
For further information, see http://www.bloomsburyprofessional.com/uk/passing-wealth-on-death-9781849466981/.