Use this URL to cite or link to this record in EThOS: http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.600351
Title: Choice of law rules for testamentary trusts
Author: Kaur, Jaswinder
ISNI:       0000 0004 5351 1509
Awarding Body: University of Birmingham
Current Institution: University of Birmingham
Date of Award: 2014
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Abstract:
This thesis critically analyses the English choice of law rules for testamentary trusts. After outlining the research context (Chapter 1), the key concepts and terms for testamentary trusts in cross-border estates are introduced (Chapter 2). The dual system of choice of law rules (one for testate succession and the other for the trust) are discussed with reference to reads 'rocket and rocket-launcher' illustration that has been favoured by legislators and commentators alike. Thus, the current choice of law rules for testate succession matters are analysed in Chapter 3 and the choice of law rules for trusts are examined in Chapter 4. This leads to Chapter 5 concluding that the choice of law rules for the creation of testamentary trusts (the rocket-launching aspects) are particularly problematic. The discussion thereafter focuses on how the choice of law rules for the rocket-launching aspects of testamentary trusts could be improved with reference to the international and European reform attempts to legislate on succession and trusts, including the Hague Succession Convention and the European Succession Regulation (Chapter 6). Moreover, the limited UK reform attempts relevant to the choice of law rules for testamentary trusts are discussed in Chapter 7. Chapter 8 proposes recommendations for reform.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID: uk.bl.ethos.600351  DOI: Not available
Keywords: K Law (General) ; KD England and Wales
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