Choice of Law for Property Claims

Question 1

Real Property

Answer 1

Under both the vested rights approach and significant relationship approach, the choice-of-law rule is to apply the law of the situs (where the land is located).

Question 2

Personal Property: Inter Vivos Conveyances

Answer 2

Under the vested rights approach or significant relationship approach, the rule is to apply the law where the PP was located at time of transfer.

Question 3

Personal Property: Inheritance

Answer 3

Under both the vested rights approach and the most significant relationship approach, the choice-of-law rule is:

• if decedent dies intestate –> apply the law of the state where the testator was domiciled
• if decedent dies testate –> apply the law of the state where the testator was domiciled at the time the will was executed