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KembaraXtra – Legal Terms – Material and Essential Validity of a Will
The material and essential validity of a will concerns the legal rules determining whether gifts made under a will are substantively valid in cases involving foreign elements.
Under English private international law, different rules apply depending on the nature of the property involved. Gifts relating to movable property are generally governed by the law of the testator’s domicile.
By contrast, gifts involving immovable property such as land are governed by the law of the country where the property is located, known as the lex loci situs principle.
These rules are especially important where a person owns foreign property or has connections with more than one legal system.
The material and essential validity of a will concerns the legal rules determining whether gifts made under a will are substantively valid in cases involving foreign elements.
Under English private international law, different rules apply depending on the nature of the property involved. Gifts relating to movable property are generally governed by the law of the testator’s domicile.
By contrast, gifts involving immovable property such as land are governed by the law of the country where the property is located, known as the lex loci situs principle.
These rules are especially important where a person owns foreign property or has connections with more than one legal system.
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