Selflessness in the context of testamentary gift-giving: The case of testamentary promises

Civil law workshop with Alexandra Braun, Associate Professor, University of Oxford.

The Paul-André Crépeau Centre for Private and Comparative Law continues its law workshop series under the theme "L'abnégation en droit civil," examining the aspects and effects of selflessness on civil law.

Abstract

This paper investigates the role selflessness and more specifically altruism is playing in the context of testamentary gift-giving, with a particular focus on testamentary promises. It investigates the motives behind testamentary gifts and, especially, promises to benefit someone on death, by drawing on findings, of economists, anthropologists and sociologists. The paper explores the nature of such promises and the consequences that ensue when they are broken, and questions whether and, to what extent, the motives should influence how lawmakers perceive and tackle cases in which the promisee has relied upon the promise.

This workshop has been accredited by the Barreau du Québec for 1.5 hours of continuing legal education. No registration required.