Title
Ethical wills : a continental law perspective Ethical wills : a continental law perspective
Author
Faculty/Department
Faculty of Law
Publication type
article
Publication
Subject
Law
Source (journal)
Oņati Socio-Legal Series
Volume/pages
4(2014) :2 , p. 323-344
ISSN
2079-5971
vabb
c:vabb:379611
Carrier
E
Target language
English (eng)
Affiliation
University of Antwerp
Abstract
Ethical wills are testaments, or planning instruments mortis causa alike, that contain provisions regarding the deceaseds (non-economic) values rather than his (economic) valuables. The authors define and analyse the substance and form of ethical wills from a comparative Continental law perspective, drawing on Belgian, Dutch, French and German law. The focus primarily is on charges or conditions in restraint or constraint of (non-) denominational or family choices by testamentary beneficiaries; and in this context it is contended that both the doctrine of public policy (ordre public) and the horizontal application of the ECHR extensively restrict testamentary freedom. Nevertheless, the analogous application of estate planning techniques increasingly allows benevolent testators to plan their ethical legacy.
Full text (open access)
https://repository.uantwerpen.be/docman/irua/7e6e59/d0f209f0.pdf
Handle