Law

Dorota Miler

Dependants' Relief Legislation and Compulsory Portion

Limitations on Freedom of Testation in British Columbia and Germany in Comparative Perspective

[Dependants' Relief Legislation und Pflichtteilsrecht. Grenzen der Testierfreiheit in British Columbia und Deutschland in rechtsvergleichender Darstellung.]

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sewn paper
ISBN 978-3-16-155470-4
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Published in English.
Based on the most recent case law, Dorota Miler thoroughly analyses British Columbia's dependants' relief legislation and proposes an innovative solution to restore a testator's freedom of testation. She further provides the first detailed presentation of German compulsory portion in English as part of a comprehensive comparison of forced succession in civil and common law jurisdictions.
Freedom of testation allows an individual to make effective on his death dispositions of his property on the event of his death. Dependants' relief legislation in British Columbia and compulsory portion in Germany limit this freedom by providing testator's family members with a portion of the estate. However, out of the two, only the legislation gives courts the discretion to change testamentary provisions, by making them, in some cases, entirely ineffective.
A comparative analysis of the application, legal character, history and purpose of the limitations leads to the conclusion that the freedom of testation is significantly more limited under British Columbia's legislation than it is under the German law. The author proposes a solution that increases the freedom, adds predictability and reduces subjectivity of the application of the dependants' relief legislation in British Columbia.
Authors/Editors

Dorota Miler born 1987; 2011 Master of law, Adam Mickiewicz University in Poznań, Poland; 2012 LL.M., McGill University, Montreal, Canada; 2016 PhD, University of Passau, Germany; since 2013 research and academic assistant at the Law Faculty of the University of Augsburg, Germany.

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