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Succession,Trusts and Estates

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JUNE, 2014

In this quarter’s newsletter on Succession, Trusts and Estates, we take a close look at some emerging legal issues in this area. Succession in itself is quite encompassing, as it raises tax issues, Human rights issues, especially Child’s rights, estate/property issues, and constitutional issues, the latter being very controversial in recent times, with the fight for child rights on the rise globally.
Succession affects everyone in diverse ways, be it as a husband, wife, child, or extended family member. The emerging trends have produced significant shifts in the traditional family structure, therefore causing change in the laws of succession.
In some jurisdictions, the courts did not wait for legislative reform to align with modern trends but rather propounded judge made laws, on various grounds, such as that a country’s ratification of an international treaty means it is under an obligation to abide by the provisions of such treaty, or a particular practice is repugnant to natural justice or against public policy.

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