International Forced Heirship: Concerns and Issues with European Forced Heirship Claims

Broadens perspective of estate planning and potential problems that might occur in international estate planning by discussing the approach that some jurisdictions take in international conflict of law scenarios and provides possible alternate solutions to such scenarios while primarily focusing on European countries. Part II examines and explains forced heirship statues and the ramifications of those statutes. Part III looks at individual foreign countries and their current structure of forced heirship distribution. Part IV focuses on the solution and explanation of international conflict of law. Part V expands upon the differences between movable property, real property, and forced share interest. Part VI focuses on ways which heirs in civil law jurisdictions enforce forced heirship statutes and how those heirs can petition a claim for their inheritance. The comment explains which American jurisdictions that have chosen to allow enforcement of European forced heirship statutes and the reasoning behind their decision. Part VII focuses on American jurisdictions that have specifically implemented statutes that negate forced heirship and how those jurisdictions avoid conflict of law situations. Part VIII focuses completely on the Texas view of forced heirship and Texas public policy. Part IX is a brief introduction and summary of the history of forced heirship in Texas. Part X explains avoidance techniques that could deter the enforcement of forced heirship. Finally, Part XI summarizes the material presented and make possible suggestions for the Texas court structure to implement into the legal system.