Research report 2014 - Max Planck Institute for Comparative and International Private Law
Fundamental issues of succession law in international perspective
Schmidt, Jan Peter
Max-Planck-Institut für ausländisches und internationales Privatrecht, Hamburg
SummaryThe law of succession is subject to the influences of social change and the increasing internationalisation of living circumstances. Accordingly, a comparative examination of fundamental questions is needed. To what extent can a succession law regime tolerate assets being tied up across generations by means of foundations or trusts? How is the freedom of testation to be reconciled with the requirement of familial solidarity? Additionally, a new EU Regulation that will bring numerous changes to cross-border succession cases has to be considered.