On Reasons Difficult to Fathom: Hotchpot Rule in Intestate Succession
For centuries, the English rules on intestate succession knew what was called a “hotchpot rule”. Children were asked to account for certain lifetime gifts when their parents passed without a will. Similar rules were known and well established in almost all European legal systems until the 20th century. However, their justification in modern law has been increasingly questioned. As a result, such rules have been abolished in some cases (most notably in England and Wales) or significantly expanded in others (most notably in Austria). Using the English hotchpot rule as an example, these developments will be discussed from a historical and comparative perspective.
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