Protecting the inheritance rights of minors in cross-border family relationships A comparative analytical study

Abstract

Abstract: Achieving legal security and stability, and providing protection for a minor's share of an estate containing a foreign element, necessitates the application of a specific law from among those applicable to inheritance. The judge presiding over the inheritance dispute must select the law most suitable to the minor's situation. This means applying the most appropriate law from among those applicable, whether it be the law of the minor's nationality, the law of the deceased's nationality, the law of the place where the deceased's assets are located, or the application of substantive international rules governing inheritance. Furthermore, the most favorable law for the minor must be applied by a competent court, whether national or foreign. To achieve justice and protect the minor's share of the estate, especially when the deceased's assets are distributed across multiple countries, judicial cooperation between the courts of different countries is essential. Through this cooperation, each country's court has the authority to take precautionary measures regarding the deceased's assets to preserve them and prevent their disposal by the other heirs or the minor's guardian.