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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.
1. IntroductionI. Background and Context II. Aim and Purpose III. Methodology IV. Structure and Scope V. Conclusion2. Legislative Drafting I. Legal Diversity and the Need for High-Quality Comparative Research II. The Principles of Legal Certainty and Legitimate Expectations III. Legal Certainty under the Succession Regulation IV. Conclusion3. Clawback: A Comparative Analysis I. Introduction II. Empirical and Analytical Research III. Findings from the Participating EU Member States IV. Countries not Participating in the EU Succession Regulation Analysed for this BookV. Overall Observations on the Rules Pertaining to Clawback VI. Shari'a Law VII. Conclusion4. Characterisation I. Introduction II. The 1989 Hague Convention III. The EU Succession Regulation IV. Preparation for Determining the Applicable Law V. Conclusion 5. The Applicable Law I. Introduction II. A Sui Generis Approach III. What is the Most Appropriate Connecting Factor? IV. Recommendations for a New Private International Law Solution V. Conclusion6. Conclusion
“[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