A. IMMOVABLES RULES REGARDING IMMOVABLE PROPERTY LAW OF SITUS RULE 1.

The general rule governing real or immovable property is that such property is subject to the laws of the place within which it is situated. 2. Therefore, the lex loci rei sitae, the law of the place where it is situated, governs the disposition of immovable property, whether by deed, descent or in any other mode. 3. This universal rule includes all rules which govern the descent, alienation, and transfer of such property and the validity, effect, and construction of wills and other conveyances. 4. The lex rei sitae, as a general principle, governs in the case of any attempted transfer, whether it is voluntary or involuntary. 5. Likewise, the law of the situs of the land governs the incidence of inheritance tax on the death of the owner. 6. Similarly, contracts or executory contracts relating to immovable property are governed by the law of the jurisdiction or place where the property is located. . EXCEPTIONS: 1. However, if a matter concerns real property incidentally and which is of a personal nature, it is not determined by the local law. 2. However, which, while relating to real property, do not directly affect the title to or an interest in the property itself and are purely personal are governed by the usual rules of contract 3. In the absence of an effective choice of law by the parties, the validity of a contract is determined by the local law of the state where the land is located unless, with respect to the particular issue, some other state had a more significant relationship under choice-of-law principles to the transaction and the parties, in which case the local law of the other state applies. 4. Generally, contracts relating to the sale of realty, including executory contracts are governed by the law of the jurisdiction in which the property is situated. However, in some jurisdictions, the validity and the effect of an executory contract for the sale of land are governed by the law of the place where the contract is made and is to be performed, and not by the law of the place where the land is situated.

5. In the case of breach or termination of contract relating to immovable property also law of the place in which the property is situated is the governing law. All instruments affecting the title to real estate, no matter what their nature, must be governed, as to their execution, construction, and validity, exclusively by the laws of the state in which the real estate is situated. The validity of conveyance is also governed by the law of the state in which the land is situated. The validity of a lien on land is also determined by the law of the state in which the land is situated. CASE LAWS 1. British South Africa Co v Company of Mozambique (1893). 2. Brussels or Lugano Conventions 3. Nelson v Bridport B. MOVABLES THEORIES OF MOVABLES 1. LAW OF THE DOMICIL 2. THE LAW OF THE SITUS 3. THE LAW OF THE PLACE OF ACTING 4. THE PROPER LAW OF THE TRANSFER

ADMINISTRATION OF ESTATES
In common-law jurisdictions, administration of an estate on death arises if the deceased is legally intestate, meaning they did not leave a will, or some assets are not disposed of by their will. Where a person dies leaving a will appointing an executor, and that executor validly disposes of the property of the deceased within England and Wales, then the estate will go to probate. However, if no will is left, or the will is invalid or incomplete in some way, then administrators must be appointed. They perform a similar role to the executor of a will but, where there are no instructions in a will, the administrators must distribute the estate of the deceased according to the rules laid down by statute and the common trust. Certain property falls outside the estate for administration purposes, the most common example probably being houses jointly owned that pass by survivorship on the first death of a couple into the sole name of the survivor. Other examples include discretionary death benefits from pension funds, accounts with certain financial institutions subject to a nomination and the proceeds of life insurance policies which have been written into trust. Trust property will also frequently fall outside of the estate but this will depend on the terms of the trust. An administrator (sometimes known as the administratrix, if female) acts as the personal representative of the deceased in relation to land and other property in the UK. Consequently, when the estate under administration consists wholly or mainly of land, the court will grant administration to the heir to the exclusion of the next of kin. In the absence of any heir or next of kin, the Crown has the right to property (other than land) as bona vacantia, and to the land by virtue of the historic land rights of the Crown (and the Duchy of Cornwall and Duchy

of Lancashire in their respective areas). If a creditor claims and obtains a Grant of Administration, the court compels him or her to enter into a bond with two sureties that he or she will not prefer his or her own debt to those of other creditors. TRUSTS In common law legal systems, a trust is a relationship whereby property (real or personal, tangible or intangible) is held by one party for the benefit of another. A trust conventionally arises when property is transferred by one party to be held by another party for the benefit of a third party, although it is also possible for a legal owner to create a trust of property without transferring it to anyone else, simply by declaring that the property will henceforth be held for the benefit of the beneficiary. A trust is created by a settlor (archaically known, in the context of trusts of land, as the feoffor to uses), who transfers some or all of his property to a trustee (archaically known, in the context of land, as the feoffee to uses), who holds that trust property (or trust corpus) for the benefit of the beneficiaries (archaically known as the cestui que use, or cestui que trust). In the case of the self-declared trust, the settlor and trustee are the same person. The trustee has legal title to the trust property, but the beneficiaries have equitable title to the trust property (separation of control and ownership). The trustee owes a fiduciary duty to the beneficiaries, who are the "beneficial" owners of the trust property. (Note: A trustee may be either a natural person, or an artificial person (such as a company or a public body), and there may be a single trustee or multiple co-trustees. There may be a single beneficiary or multiple beneficiaries. The settlor may himself be a beneficiary.) The trust is governed by the terms under which it was created. The terms of the trust are usually written down in a trust instrument or deed but, in England, it is not necessary for them to be written down to be legally binding, except in the case of land. The terms of the trust must specify what property is to be transferred into the trust (certainty of subjectmatter), and who the beneficiaries will be of that trust (certainty of objects). It may also set out the detailed powers and duties of the trustees (such as powers of investment, powers to vary the interests of the beneficiaries, and powers to appoint new trustees). The trust is also governed by local law. The trustee is obliged to administer the trust in accordance with both the terms of the trust and the governing law. In the United States, the settlor is also called the trustor, grantor, donor or creator. In some other jurisdictions, the settlor may also be known as the "founder" Basic principles Property of any sort may be held on trust, but growth assets are more commonly placed into trust (for tax and estate planning benefits). The uses of trusts are many and varied. Trusts may be created during a person's life (usually by a trust instrument) or after death in a will. In a relevant sense, a trust can be viewed as a generic form of a corporation where the settlors (investors) are also the beneficiaries. This is particularly evident in the Delaware business trust, which could theoretically, with the language in the "governing instrument", be organized as a cooperative corporation, limited liability corporation, or perhaps even a non profit corporation. One of the most significant aspects of trusts is the ability to partition and shield assets from the trustee, multiple beneficiaries, and their respective creditors

(particularly the trustee's creditors), making it "bankruptcy remote", and leading to its use in pensions, mutual funds, and asset securitization. SUCCESSION AND MATROMONINAL PROPERTY

Definitions
In civil law systems, there are two types of property. Out of comity, the conflict of laws has adopted the terminology of civil law:

Immovables is the equivalent of "real property" in common law systems, i.e. it is land or any permanent feature or structure above or below the surface. All other property is considered movables, the equivalent of personal property or personalty in common law systems. This property is either tangible or intangible, in that it is either physical property that can be touched like a computer. Alternatively, it is an enforceable right like a patent, other types of intellectual property, or a chose in action such as shares and bank accounts.

Connecting factors Domicile In common law jurisdictions, every person acquires a domicile of origin which, if the individual is legitimate, is that of their father. During their minority, children have a domicile of dependency which follows the domicile of the controlling parent. After reaching the age of majority, a young adult can choose a new domicile, but establishing a legal domicile requires long-term residence accompanied by an intention to remain in the new state indefinitely. As such, changing a domicile of origin is not easy. Hence, the lex domicilii is favored as the connecting factor for all aspects of status and capacity for parties who are involved in resolving disputes over the distribution of the property in the estate. Nationality Civil law states use either the concept of nationality or habitual residence as the connecting factor, i.e. the principles are the same as for domicile but the way in which they are applied is less rigorous so it a nationality can be changed by naturalization and a new habitual residence established with fewer delays and technical difficulties. As above, the lex patriae determines status and capacity. Lex successionis As with a choice of law clause or forum selection clause in contract, a testator may nominate a law or laws by which both to interpret and test the validity of the will, and to govern administration and succession, but there must be a real connection between the choice(s) and the location of assets or beneficiaries, and the choices must invoke provisions of law that are consistent with any mandatory provisions either in the lex fori or the lex situs. If a choice of law is made in respect of part of an estate, it is assumed that the deceased wishes that law to apply to the whole of the estate unless there is clear evidence to the contrary or mandatory principles of law are relevant to cover the residual assets and their inheritance.

Lex situs The general rule is that the lex situs applies to determine all issues relating to title to immovable property and some issues relating to movables, that is, the law of the jurisdictionwhere the property is applied. Lex fori The courts in which lawsuits are initiated will tend to prefer the application of the lex fori, applying the laws at the court jurisdiction, because the fact of the litigation suggests that some aspect of the administration is to be effected within the jurisdiction. There may also be some claims arising from public policy if the forum court considers the application of the lex causae is going to produce a significantly unjust result. Administration In most states, the lex fori regulates the administration by Personal Representatives appointed to act within the jurisdiction of forum irrespective of the deceased's lex domicilii but the rights of beneficiaries is a matter for the lex successionis. Testamentary capacity Laws differ in their treatment of the ability of youths to own property and to dispose of that property by a will. It is now generally agreed that it is not rational to set the age at which full capacity is achieved. Hence, if one is old enough to get married, he should be old enough to provide for spouse and children. Many states also permit writing a will by a mouth or a foot, or by a tool that enables the disabled to write down a testamentary intent. It is still being debated whether videotape, digital, and electronic wills should be admissible to probate. Testators may not have the physical ability to write, for example, because they are hospitalised and close to death, but there is concern that digital and electronic forms may be manipulated and altered. Hence, unless there is adequate evidence to exclude forgery, the courts are reluctant to admit such wills to probate. Succession In some states, there is complete freedom for testators to leave their assets to whomever or whatever purpose they wish to promote. But the majority of states allow surviving spouses, children and dependents of a locally-based deceased to claim against the estate if the will fails to make adequate provision for them. Some proactively limit the testator's capacity by imposing minimum provisions for surviving dependents. Although these rules are relatively clear in their operation during the subsistence of the marriage, determining the effect of either a divorce or nullity decree is more problematic if, by its existence or the terms of any order made, it purports to adjust the property entitlements of the other spouse. For example, suppose that a husband obtains a nullity decree in a state declaring the marriage to have been void Ab initio. If that decree is recognized across state boundaries, the effect would be to remove any claim that the supposed "wife" would otherwise have had. As to the testator, all questions of status and capacity should be determined by the personal law at the time the decree is granted. Thus, if the decree is recognized, either the status will

be modified so that the testator was never married and this will retrospectively validate or invalidate previous dispositions, or the testator is now single and able to dispose of his assets in any way permitted by his personal law. But as to the putative wife, any entitlement she will have will be determined by whether the lex situs of any "matrimonial" assets recognizes the decree. If the decree is not recognized, she will remain a wife for the purposes of succession protected by the local system of mandatory heirship or community property laws. Immovables Generally, the lex situs governs the succession to immovables regardless of the deceased's personal law, lex domicilii, lex patriae, or habitual residence. For example, land inFrance belonging to an English domiciliary will pass according to the French law on forced heirship, but complications may arise because some states apply renvoi to succession cases. Hence, English law would apply the lex situs to immovables located outside the jurisdiction but if that foreign law (say. as in Spain) applies the deceased's lex patriae and rejects any renvoi, English law would be applied if, under Spanish law, the deceased had an English nationality. Movables Generally, the deceased's personal law will determine succession to movables no matter where they are located unless a lex situs provides otherwise. Thus, for example, succession to the estate of a French testator leaving movables situated in England would be governed by French law and the French rules of forced heirship would apply given that English law does not limit the application of the lex domicilii on this point. Formal validity A will is generally considered valid if properly executed according to the law of the place where:

it was executed; the testator was domiciled either when the will was executed or at the time of death (since the policy in most laws is to uphold the validity of wills to respect the demonstrated intention of the testator, if validity is established under either law, it will be deemed valid); the testator was a national either at the time of execution or death; or the testator was habitually resident either at the time of execution or death.

Essential validity Even though a will may be formally valid, it may not be essentially valid as above, the succession to movables will be governed by the deceased's personal law, and if there is a limitation on testamentary capacity, the terms of a will breaching that law will be invalid even if validly executed. Similarly, a will validly executed in one state cannot override mandatory provisions in the lex situs. The doctrine of evasion applies because otherwise a husband who wishes to evade laws imposing community property can defeat the claims of a wife by the simple expedient of executing a formally valid will in a state that does not have such law.

Intestacy If there is no will, the appointment and duties of personal representatives will be determined by the deceased's personal law. Succession to an intestate's estate will also be governed by his or her personal law and the lex situs of the assets. Harmonization The Hague Convention of 1 August 1989 on the Law Applicable to Succession to the Estates of Deceased Persons [1], if it ever comes into force, would apply to: a) the form of dispositions of property upon death; b) capacity to dispose of property upon death; c) issues relating to matrimonial property; d) property rights, interests or assets created or transferred otherwise than by succession, such as in joint ownership with right of survival, pension plans, insurance contracts, or arrangements of a similar nature. It nominates as the lex causae for succession the law of habitual resident if that was also the deceased's nationality. If the deceased had been resident in a state for at least five years and no other state has a better claim, the law of residence applies. In all other cases, the personal law with the best claim applies. See also the "European Commission's Green Paper Consulting on Succession with an International Dimension" by David Hayton