Estate Planning Journal, 2010-2011
32 Pages Posted: 17 Apr 2011 Last revised: 24 Apr 2011
Date Written: April 15, 2011
In "Forced Heirship on the European Stage: Concerns and Issues with European Forced Heirship Claims," student author Ryan McLearen explores the differences in the common law estate disposition, as used in Texas, and civil law estate disposition, used in Europe and parts of the United States. To start, the author defines forced heirship statutes and their effect upon estate distribution. He focuses much of his analysis on international conflict of law, including instances where common law jurisdictions have upheld forced heir situations and the reasoning behind those decisions. McLearen also discusses the enforcement of forced heir statutes, as well as avoidance techniques to avoid having to distribute the estate to a forced heir.
JEL Classification: K19
Suggested Citation: Suggested Citation
McLearen, Ryan, Forced Heirship on the European Stage: Concerns and Issues with European Forced Heirship Claims (April 15, 2011). Estate Planning Journal, 2010-2011; Texas Tech Law School Research Paper No. 2011-05. Available at SSRN: https://ssrn.com/abstract=1811066 or http://dx.doi.org/10.2139/ssrn.1811066