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Spendthrift And Discretionary Trusts: Alive And Well Under The Uniform Trust Code, Alan Newman
Spendthrift And Discretionary Trusts: Alive And Well Under The Uniform Trust Code, Alan Newman
Akron Law Faculty Publications
Spendthrift and Discretionary Trusts: Alive and Well under the Uniform Trust Code
Among the provisions of the Uniform Trust Code (“UTC” or the “Code”) that have attracted the most attention are those of Article 5: Creditor’s Claims; Spendthrift and Discretionary Trusts. Although much of the UTC is a codification of the common law of trusts, there are many differences among the states in their handling of various creditors’ rights issues, and many jurisdictions have no law on some of those issues. As a result, there is no well-accepted, established common law on some of the issues addressed by Article 5. …
The Intention Of The Settlor Under The Uniform Trust Code: Whose Property Is It, Anyway?, Alan Newman
The Intention Of The Settlor Under The Uniform Trust Code: Whose Property Is It, Anyway?, Alan Newman
Akron Law Faculty Publications
The Intention of the Settlor Under the Uniform Trust Code: Whose Property Is It, Anyway?
The question of the extent to which the owner of property may transfer it gratuitously, subject to enforceable restrictions on alienability and use, has a long history. To protect the living from control by the dead, as well as the alienability of property, the law traditionally has refused to enforce some such restrictions. Opposing those interests, however, is the interest in respecting the freedom of the owner of property to dispose of it subject to whatever restrictions he or she chooses to impose.
The Uniform …
The Intention Of The Settlor Under The Uniform Trust Code: Whose Property Is It, Anyway?, Alan Newman
The Intention Of The Settlor Under The Uniform Trust Code: Whose Property Is It, Anyway?, Alan Newman
Alan Newman
The Intention of the Settlor Under the Uniform Trust Code: Whose Property Is It, Anyway?
The question of the extent to which the owner of property may transfer it gratuitously, subject to enforceable restrictions on alienability and use, has a long history. To protect the living from control by the dead, as well as the alienability of property, the law traditionally has refused to enforce some such restrictions. Opposing those interests, however, is the interest in respecting the freedom of the owner of property to dispose of it subject to whatever restrictions he or she chooses to impose.
The Uniform …
Spendthrift And Discretionary Trusts: Alive And Well Under The Uniform Trust Code, Alan Newman
Spendthrift And Discretionary Trusts: Alive And Well Under The Uniform Trust Code, Alan Newman
Alan Newman
Spendthrift and Discretionary Trusts: Alive and Well under the Uniform Trust Code
Among the provisions of the Uniform Trust Code (“UTC” or the “Code”) that have attracted the most attention are those of Article 5: Creditor’s Claims; Spendthrift and Discretionary Trusts. Although much of the UTC is a codification of the common law of trusts, there are many differences among the states in their handling of various creditors’ rights issues, and many jurisdictions have no law on some of those issues. As a result, there is no well-accepted, established common law on some of the issues addressed by Article 5. …