Exploring Means of Transferring Wealth on Death: A Comparative Perspective
in A Braun and A Röthel (eds), Passing Wealth on Death. Will-Substitutes in Comparative Perspective (Hart Publishing, Oxford, 2016) 323
Posted: 11 Jun 2016
Date Written: May 30, 2016
Will-substitutes are mechanisms that are functionally equivalent to wills and that allow the disposition of property on death outside the sphere of traditional succession law rules. This chapter provides an overview of the principal means through which property can be disposed of on death across a number of jurisdictions. It further offers a discussion of the rationale behind their use and explores the challenges these mechanisms present for the operation and functioning of succession law.
Keywords: wills, will-substitutes, estate planning, life insurance, pensions and retirement plans, joint tenancy, trusts, foundations, clauses in partnership agreements, gifts mortis causa, TOD bank accounts, powers of attorney, creditors, dependants, tax avoidance
JEL Classification: K00, K11, K30, K40
Suggested Citation: Suggested Citation