Saturday, September 30, 2017
Article on Formal Requirements for Matrimonial Agreements and Testaments in a Comparative Perspective
Samuel Fulli-Lemaire recently posted an Article entitled, Formal Requirements for Matrimonial Agreements and Testaments in a Comparative Perspective, Wills, Trusts, & Estate Law eJournal (2017). Provided below is an abstract of the Article:
A significant number of recent studies have dealt with property relations between spouses and succession law from a comparative perspective. In both cases, formalism is a salient issue whenever private autonomy comes into play. This paper deals successively with marital agreements and testaments, the two acts to which most of the issues relate. As far as marital agreements are concerned, the various comparative studies that have been conducted reveal that formal requirements vary widely from one jurisdiction to another. However, this observation must be qualified by taking into account the scope of review exercised by courts over the agreement at the time of the divorce or litigation: often relaxed formal requirements are balanced by broad judicial review. Regarding testaments, a wide-ranging study reveals a steady ebb of formalism across all jurisdictions. Remarkably, it affects all kinds of testaments, and this trend may be further reinforced by a shift towards "property rights, interests and assets created or transferred otherwise than by succession", since part of their appeal is their greater flexibility when it comes to formal requirements.