Clawback Law in the Context of Succession

(Hardback)

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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.

Reviews

[T]his book has brought so much information together for the first time ... This subject will not go away, and this book is essential reading for any practitioner who deals with cross-border estates. -- Richard Frimston * Private Client Business *

Author Bio

Jayne Holliday is Lecturer in Law in the University of Stirling.