2020年14继承的法律适用.ppt

Succession
The law of all states distinguishes strictly between succession to immovable and to movable property. As a general rule, the law of the situs of the immovable property applies to succession to it; the law of the decedent’s domicile at death applies to succession to movable property.
1. Intestate succession
a. immovables: the law of a state in which the land is situated controls and governs… its passage in case of intestacy. Situs law therefore controls who succeeds in the case of intestacy and to how much.
: the state where movable property is located of course has control over its disposition. However, all states have adopted the choice-of-law rule which applies the law of the decedent’s domicile at death to the succession to his or her movable property. This achieves the desirable result to have the decedent’s estate treated as a unit, even though the assets are located in different states. It also effectuates the domicile’s interest in making provision for surviving family members.
14继承的法律适用
2021/1/11
1
succession
A. immovable
(1)formal validity: since the will operates as a transfer of the land, its validity is governed by situs law. Since different laws may have different formal requirements, a will may be valid to devise land in one state but not in another.
(2)equitable conversion: assume that a will directs the executor