The Comparative Law of Trusts and Succession: Italy, Japan, and Beyond This paper was originally published in Italian as Tamaruya Masayuki, Il diritto comparato dei trust e delle successioni: Italia, Giappone e oltre in Annuario di Diritto Comparato 2023

Abstract

In recent years, courts in Italy and Japan are faced with cases involving trust dispositions that allegedly encroach on forced heirship protections. This is significant from the comparative history of trust law. On the one hand, this reflects the recent trends in civilian jurisdictions where trusts are seen as a flexible alternative to wills and guardianship. On the other hand, very few jurisdictions have confronted these difficult and complex issues at the intersection of trust and succession law. This article will look at some of the key cases in Italy and Japan, place them in comparative contexts, and juxtapose them with other examples in Louisiana and mainland China. The comparative observation points to the tendencies where the court is more willing to uphold the trust despite the claims of forced heirship infringement, and to provide less intrusive remedy by ordering monetary claw-back or reforming the trust to conform to relevant legal requirements.

Keywords: trust law, succession, Italian law, Japanese law, comparative law