Do joint tenancies provide a means to avoid forced heirship claims in cross-border succession cases?

Introduction Whether a family home or a second home, it is not uncommon for non-UK domiciled individuals to co-own UK property with, for example, their spouse. Where such property is co-owned as joint tenants, a potential issue may arise where the right of survivorship (which provides for the property to pass automatically to the [...]

By |2024-01-05T12:02:14+01:00January 5th, 2024|International Succ., world successions|0 Comments

Foreign assets and testamentary heirs

Succession cases throughout the world share one thing in common: the principle that heirs can be appointed by will. Domestic succession laws can, however, place limitations on the testator's power, such as the concept of 'reserved shares'. In some cases, however, it is not easy to determine whether testamentary heirs should receive the entire [...]

By |2024-03-12T22:19:50+01:00January 5th, 2024|inherit, International Succ.|0 Comments

The appointment of an executor under a will in cross-border succession cases governed by Italian law

In the case of successions governed by Italian law with elements of internationality and where there are testamentary dispositions requiring implementation and special technical expertise, it may be very useful to appoint an executor of the will He may also perform acts abroad, being able to use the European Certificate of Succession in another [...]

By |2024-04-11T21:37:21+02:00April 20th, 2023|International Succ., Planning|0 Comments

European Certificate of Succession – Seminar

The European Certificate of Succession: on February 23 Seminar at the Catholic University of Milan On February 23, 2023, between 4:15 p.m. and 6:30 p.m., an interesting seminar organized by Professor Pietro Franzina on the European Certificate of Succession will take place at the Catholic University of the Sacred Heart. Speakers will include our [...]

By |2024-03-12T22:14:59+01:00February 20th, 2023|International Succ.|0 Comments

The law of succession depends on the last habitual residence

Most European citizens living abroad ignore this fact. In the absence of a formal declaration to the contrary, their succession will be governed by the law of the country in which they reside.    This rule, which replaced the old principle based on nationality, was introduced by the European Succession Regulation No. 650/2012, which [...]

By |2022-05-31T19:42:55+02:00May 31st, 2022|focuses, International Succ., Planning|0 Comments

Transnational successions

The EU Regulation on successions does not apply only to EU citizens but is universally applicable. For any citizen residing in one the EU Member States, according to the system in force in the States which have signed the Regulation, the applicable law governing the succession shall be that of the place where the [...]

By |2022-06-10T09:53:13+02:00January 30th, 2019|focuses, International Succ.|0 Comments
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