Clawback Law in the Context of Succession

Clawback Law in the Context of Succession
ISBN-10
150993233X
ISBN-13
9781509932337
Category
Law
Pages
275
Language
English
Published
2020-05-14
Publisher
Bloomsbury Publishing
Author
Jayne Holliday

Description

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 book aims to identify an appropriate and applicable legal 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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