The Interaction Between Company Law and the Law of Succession - a comparative perspective

Ball, J

doi:10.1007/978-3-319-18011-3

The Interaction Between Company Law and the Law of Succession - a comparative perspective

Lookup NU author(s): Dr Jane Ball

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Abstract

This chapter was the product of a questionnaire for the XIXth International Congress of Comparative Law in Vienna, August 2014English law tends to keep company law and succession separate. Family problems may be resolved outside companies, using testamentary freedoms, flexibility, and managerial approaches within a trust. Shareholders can be treated equally regardless of family status. Continental difficulties, which arise from fixed compulsory family portions on inheritance, may not intrude into English family business quite as the conference questionnaire contemplated. English law has a functionally similar concern for family welfare to continental countries in a European continuum. France insists on compulsory shares for families but then provides arrangements to facilitate business. England has testamentary freedom but restricts this for statutory provision for family and dependants. The differences are, however structural. Consequently, international tolerance is essential. Testamentary freedom is inherently tolerant.