Claiming a Promised Inheritance : A Comparative Study / Alexandra Braun

Format:

Book

Author/Creator:

Braun, Alexandra, author.

Series:

Oxford Academic

Oxford scholarship online

Language:

English

Subjects (All):

promises, inheritance--reliance, enrichment.

promises, inheritance.

Physical Description:

1 online resource (417 pages)

Edition:

First Edition

Other Title:

C a Promised Inheritance: A Comparative Study

Place of Publication:

Oxford Oxford University Press 2022

Summary:

This book examines those cases where a person is promised a future inheritance and, having acted on it, later discovers that the promise is unfulfilled. It structures its analysis around the stories of disappointed promisees and their unfulfilled expectations of a future inheritance, and how they might seek redress. It maps and compares the various, and often very diverse range of, legal responses that a promisee can utilize across different legal areas of the law (ranging from contract law to property law, employment law, enrichment law, and succession law) and in both common and civil law traditions. It asks how these responses protect the interests of promisees and whether they are sensitive to the context in which such promises are expressed. In doing so, the focus rests on the level of protection the various forms of redress grant, their scope, and the challenges promisees face when bringing a claim, but also on the values and interests that are at stake when granting relief. The book argues that due to the social and legal context within which promises of a future inheritance are normally made, promisees are often in a vulnerable position that can easily by exploited. It further argues that the law is usually more acutely attuned to the risks that the promisor incurs and that greater attention should be paid to the vulnerability of promisees.

Contents:

Table of Contents: List of Abbreviations - Introduction - Part IIntroducing the promisee's perspective - 1. The social context - 2. The legal context - Part IIObtaining what was promised - Introduction to Part II - 3. Establishing the existence of a contract to make a will - 4. Establishing detrimental reliance on the promise - 5. Establishing the moral duty of a promisor to provide for the promisee - 6. Establishing the promisor's enrichment in Canadian law - Concluding summary of Part II - Part IIIObtaining less than what was promised - Introduction to Part III - 7. Establishing a claim under the New Zealand Law Reform (Testamentary Promises) Act 1949 - 8. Establishing an employment relationship - 9. Establishing the value of the promisor's enrichment in German and French law - 10. Establishing a claim to deferred wages for up to ten years - 11. Establishing a claim on the basis of § 2057a BGB and §§ 677ff ABGB - Concluding summary of Part III - Concluding reflections - Bibliography - Index

Notes:

Includes bibliographical references and index.

ISBN:

0-19-107450-0

0-19-181719-8

0-19-107449-7