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My learnèd lord, we pray you to proceed,And justly and religiously unfoldWhy the law Salic that they have in FranceOr should or should not bar us in our claim.Shakespeare, Henry V, Act 1 Sc. 2, 9–12
We are all international lawyers nowadays. Our clients have more and more contacts with multiple legal systems. Born in one place, working and living in another, married to someone from a third, assets in a fourth, and so on. The law of succession on death, like every other part of the substantive law, in the twenty-first century is increasingly dominated by the adjectival rules of the conflict of laws, and infiltrated (or purified, depending on your point of view) by unifying conventions, treaties, and even (as in the case of the member states of the European Union) supranational law.
But it is not enough to know the basic differences between systems. We must have access to points of detail, and quickly. What rights does a surviving spouse, an illegitimate child, or a parent have? Can the court take over the administration of the estate of the deceased? Can death be presumed, and if so, under what conditions? Moreover, knowing foreign rules of law is in itself not enough. A lawyer must also be able to compare other legal cultures to his or her own; for example, how important notaries are in the system, whether executors and administrators have any role to play, what kinds of evidence may be admitted, in what kind of court proceedings, and for what purpose.
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