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

Oxford Legal Studies Research Paper No. 40-2016

Posted: 11 Jun 2016

See all articles by Alexandra Braun

Alexandra Braun

School of Law, University of Edinburgh

Anne Roethel

Bucerius Law School

Date Written: May 30, 2016

Abstract

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

Braun, Alexandra and Roethel, Anne, Exploring Means of Transferring Wealth on Death: A Comparative Perspective (May 30, 2016). in A Braun and A Röthel (eds), Passing Wealth on Death. Will-Substitutes in Comparative Perspective (Hart Publishing, Oxford, 2016) 323, Oxford Legal Studies Research Paper No. 40-2016, Available at SSRN: https://ssrn.com/abstract=2788564

Alexandra Braun (Contact Author)

School of Law, University of Edinburgh ( email )

Old College
South Bridge
Edinburgh, EH8 9YL
United Kingdom

Anne Roethel

Bucerius Law School ( email )

Jungiusstr. 6
Hamburg, 20355
Germany

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