Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Saturday, July 29, 2017

Article on Disinheritance Against the EU Regulation on Succession (No. 650/2012). Polish Law Perspective

Mariusz Załucki recently published an Article entitled, Disinheritance Against the EU Regulation on Succession (No. 650/2012). Polish Law Perspective, Wills, Trusts, & Estate Law eJournal (2017). Provided below is an abstract of the Article:

The disposition of disinheritance, which as part of the freedom of the assets disposition in the event of death, interferes with the legislative solutions protecting persons close to the deceased. This institution is not uniformly understood and regulated in national laws of the EU countries. Moreover, the legal systems of some those countries do not provide for disinheritance. Therefore, in connection with the entry into force of the EU Regulation No. 650/2012 on succession, the practical application of this institution appears to be problematic even at first glance. Therefore, the author believes that it seems necessary to present the disposition of disinheritance and the possible consequences of its use arising from the entry into force of the EU Regulation No. 650/2012 on succession. Because it is not possible to present all European solutions in one [scientific] article, the subject of author’s presentation is the situation in which the law applicable to inheritance cases against the EU Regulation No. 650/2012 on succession is the Polish law.

Special thanks to Robert H. Sitkoff (John L. Gray Professor of Law, Harvard Law School) for bringing this article to my attention.

http://lawprofessors.typepad.com/trusts_estates_prof/2017/07/article-on-disinheritance-against-the-eu-regulation-on-succession-no-6502012-polish-law-perspective.html

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Comments

Thank you for this interesting article. In all the probate litigation cases we've provided language support for in the U.S., the focus is always on the accurate translation of the foreign will into English. For details please see: "Why Professional Legal Translation
of Foreign Wills is Important in Probate Cases" https://www.translationforlawyers.com/2016/12/lack-professional-legal-document-translation-can-destroy-entire-estate-plan.html

Posted by: Nina | Jul 31, 2017 8:16:16 AM

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