Kubicka [2018] WTLR 933

Wills & Trusts Law Reports | Autumn 2018 #173

Each of K, a Polish national resident in Germany, and her husband had a 50% share of immovable property in Germany. K wished to include in her will a legacy ‘by vindication’ concerning the German property in favour of her husband. A legacy by vindication passed an asset, including a share in a right of ownership of immovable property, to a specified person on the opening of the succession. This was to be distinguished from a legacy ‘by damnation’, under which the heir must transfer the right in property to the legatee. K wished to leave the rest of the assets in her estate in accordance ...

Mahnkopf v Mahnkopf [2018] WTLR 947

Wills & Trusts Law Reports | Autumn 2018 #173

Mr Mahnkopf was married to Mrs Mahnkopf when he died on 29 August 2015. Both spouses, who had German nationality, were habitually resident in Berlin. The deceased made no disposition of property upon death and his sole heirs were his wife and only son. Mr and Mrs Mahnkopf were subject to the statutory property regime of community of accrued gains and had not entered into a marriage contract. In addition to assets situated in Germany, the estate included a half share in the co-ownership of a property in Sweden. The Amtsgericht Schonenberg, which was the Probate Court with jurisdiction in ...