Author Description

This volume continues the work of the International Academy of Estate and Trust Law in 2003 and 2004 in examining through the juxtaposition of civil and common law jurisdictions areas of fundamental importance to estate and trust lawyers internationally. Here we focus upon two themes: the definition of 'family' and the impact of the expansion of the concept of 'family' in law; and family fights over wills and estates - what recourse family members may have in challenging an estate. Each theme also has contained within it the continuing struggle between 'private' and 'public': what responsibilities should be shouldered privately, within 'the family', and what responsibilities are properly those to be borne by the state? The definition of family lies at the heart of this struggle - because with each expansion of the definition comes an expansion of responsibility in the private arena; but, at the same time, a public recognition of relationships having consequences - expanding definitions of family are necessarily normative in this sense. This volume is the fifth of the published deliberations of the International Academy of Estate and Trust Law. It contains the work of solicitors, barristers, notaires, judges and Professors of Law in areas of Trusts, Inheritance and Succession law, Tax and Comparative law. It will be of interest to practitioners and scholars alike in the area of trust and estate law.