Cosyra Legal

Cosyra Legal

Share

Cosyra Legal, a law firm offering personalized legal services in the Maltese Islands at highest professional standards to local and international clients.

01/01/2023
Court rejects Constitutional 'shortcut' in bitter custody battle 26/12/2016

http://www.maltatoday.com.mt/news/court_and_police/72935/court_rejects_constitutional_shortcut_in_bitter_custody_battle

Court rejects Constitutional 'shortcut' in bitter custody battle The child's father had filed an application in November before the First Hall of the Civil Court in its Constitutional jurisdiction, claiming that a decree by the Family Court, allowing the trip to go ahead, had breached his fundamental human rights, asking the court to suspend the Family Court&...

Life sentences to be opened to review following Constitutional Court ruling 18/12/2016

http://www.timesofmalta.com/articles/view/20161218/local/life-sentences-to-be-opened-to-review-following-constitutional-court.634125

Life sentences to be opened to review following Constitutional Court ruling The government is expected to amend the law to give people serving life sentences the right to apply for a review of their punishment. This would bring the law into line with a recent European Court of Human Rights judgment. Sources close to the Justice Ministry said the amendments will follow a...

Priġunieri mibgħuta għomorhom il-ħabs għandu jkollhom il-possibbiltà li joħorġu – il-Qorti - TVM 07/11/2016

http://www.tvm.com.mt/mt/news/prigunieri-mibghuta-ghomorhom-il-habs-ghandu-jkollhom-il-possibbilta-li-johorgu-il-qorti-2/

Priġunieri mibgħuta għomorhom il-ħabs għandu jkollhom il-possibbiltà li joħorġu – il-Qorti - TVM F’deċiżjoni mfissra bħala storika, il-Qorti Kostituzzjonali ordnat lill-awtoritajiet kompetenti biex fi żmien erba’ xhur joħolqu mekkaniżmu biex il-priġunieri li jintbagħtu għomorhom il-ħabs jkunu jistgħu jagħmlu talba għar-reviżjoni, għall-parole u possibbilment biex ikollhom il-piena mnaqqsa. Is-s...

AI predicts outcome of human rights cases - BBC News 25/10/2016

http://www.bbc.com/news/technology-37727387

AI predicts outcome of human rights cases - BBC News A research project has found that an AI could accurately predict the outcome of legal cases nearly 80% of the time.

Inmate compensated for belongings stolen from prison 05/03/2016

http://www.maltatoday.com.mt/news/court_and_police/62877/inmate_compensated_for_belongings_stolen_from_prison?utm_source=dlvr.it&utm_medium=facebook #.Vts7cZ_TXqA

Inmate compensated for belongings stolen from prison Small Claims Tribunal orders inmate Joseph Feilazoo be compensated €1,500 for personal belongings that were stolen from him upon his admission to prison 

Aġġornata: Jitwaqqgħu l-akkużi kontra bugħaddas akkużat bi qtil f'Għawdex 16/02/2016

http://www.newsbook.com.mt/artikli/2016/1/18/il-bughaddas-akkuzat-bi-qtil-f-ghawdex-se-jappella-fil-qorti-ingliza.40797/

Aġġornata: Jitwaqqgħu l-akkużi kontra bugħaddas akkużat bi qtil f'Għawdex Bugħaddas Ingliż li jinsab akkużat bi qtil involontarju ta' żewġ persuni f'Għawdex, se jitressaq il-Qorti fir-Renju Unit nhar l-Erbgħa li ġej.

Child who was not yet born when father was killed can sue aggressor for damages, court rules 16/12/2015

http://www.timesofmalta.com/articles/view/20151216/local/child-who-was-not-yet-born-when-father-was-killed-can-sue.595930

Child who was not yet born when father was killed can sue aggressor for damages, court rules An unborn child is legally entitled to inherit its father, who died before its birth, a court has ruled. Similarly, in the case of a homicide, an unmarried partner of the victim is entitled to seek redress for damages suffered as a result of the death. This judgment was delivered by Mr Justice...

The right to adequate food | Lexology 29/10/2015

The right to adequate food | Lexology A first clear statement of a human right in relation to food emerges from Article 25 of the 1948 Universal Declaration of Human Rights (UDHR) which…

22/10/2015

The European Succession Regulation: important new estate planning risks and opportunities for Americans living, investing or owning property in the European Union

Katten Muchin Rosenman LLP
Katten Muchin Rosenman LLP logo
Cynthia C. ReedJoshua S. Rubenstein
European Union October 20 2015
Background

The European Succession Regulation (the "Regulation"), also known as Brussel IV, enacted on July 4, 2012, became effective on August 17, 2015. The Regulation, which has been adopted by 25 countries throughout the European Union, does away with the potential application of different succession laws of each EU Member State and provides for the application of one uniform law governing succession across all EU Member States. Notably, the Regulation is not binding in Denmark, the United Kingdom and Ireland.

The Regulation impacts:

citizens of EU Member States;
estates of persons with a habitual residence in an EU Member State at the time of death; and
US citizens with assets located in an EU Member State.
Law of Last Habitual Residence

Under the Regulation the law of the jurisdiction in which the decedent had a "habitual residence at the time of death" will govern the decedent's entire estate. A decedent's "habitual residence at the time of death" is determined according to a number of factors, including the decedent's center of interests, state of nationality and location of main assets.

Illustration: The disposition of the worldwide estate of a US citizen who died without leaving a will and whose last habitual residence was in Paris, for French purposes will be governed entirely by French inheritance law.

Because the US is not an EU Member State, the United States will apply its own choice of law principles to the disposition of the decedent's estate, which will likely conflict with those of the Member State of last habitual residence. Thus, the need for coordinated estate planning for US citizens living abroad, and in particular in Member States, is more acute than ever.

Choice of Law Option

In some instances, the Regulation allows one to choose a different law from the law of last habitual residence to govern one's succession as a whole.

Instead of having the law of one's last habitual residence apply, a person can elect in his or her will to have the law of his or her nationality govern his or her worldwide estate. Individuals with multiple citizenships can choose the law of any of the countries of which they are nationals, either at the time of death or at the time of election, to apply. Notably, individuals do NOT need to be from a Members State in order to make this election.

Planning Opportunity

The ability to choose the law of nationality to govern one's estate presents an interesting planning opportunity for those with US citizenship (or UK citizenship or citizenship from any other non-Member State). This is because such individuals can bypass the local laws of the EU Member States (such as community property and forced heirship rules) where their property is located and elect to have the law of their nationality apply to the disposition of such property instead.

Illustration: A US citizen owning real estate in Paris can elect in his or her will to have US law apply to his or her estate, thereby enabling him or her to bequeath the entire Parisian property to charity (instead of being limited to his or her spouse and children).

Next Steps

Individuals with connections to the European Union, whether through nationality, habitual residence or the ownership of assets in EU Member States, should review their estate plans in light of the Regulation. Estate planning documents should include appropriate choice of law elections to ensure that an individual's worldwide estate is disposed of in a manner consistent with the individual's wishes. Without planning, the Regulation can create a nightmare, but with proper planning, the Regulation can afford an unprecedented opportunity to override traditional choice of law limitations and create previously unavailable flexibility in dictating the disposition of one's estate.

Katten Muchin Rosenman LLP - Shelly Meerovitch, Cynthia C. Reed and Joshua S. Rubenstein

Want your practice to be the top-listed Law Practice in Victoria?
Click here to claim your Sponsored Listing.

Telephone

Address


Cosyra Legal, The Brokerage, Level 4, Santa Martha Street
Victoria
VCT2550