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Articles 1 - 8 of 8
Full-Text Articles in Law
Procedures For Terminating Small Trusts, J. Rodney Johnson
Procedures For Terminating Small Trusts, J. Rodney Johnson
Law Faculty Publications
Trusts sometimes become too small for effective administration. This article discusses various provisions-statutory, common law, and drafting for terminating them. I.
Interspousal Property Rights At Death (You Can't Take It With You, But You Can Prevent Your Spouse From Getting Any Of It.), J. Rodney Johnson
Interspousal Property Rights At Death (You Can't Take It With You, But You Can Prevent Your Spouse From Getting Any Of It.), J. Rodney Johnson
Law Faculty Publications
One of the major issues in Virginia law during the past decade has been the matter of property rights upon the termination of a marriage by divorce. Now that the concept of equitable distribution has been introduced into Virginia law in order to bring about a greater degree of fairness into this area, it is time to direct the focus of law reform to a parallel issue interspousal property rights when a marriage is terminated by death. The importance of this issue to large numbers of Virginians is obvious when one stops to realize that, notwithstanding the dismal statistics on …
Drafting Considerations In Appointing The Surviving Spouse As Trustee Of The Nonmarital Trust, E. Edwin Eck
Drafting Considerations In Appointing The Surviving Spouse As Trustee Of The Nonmarital Trust, E. Edwin Eck
Faculty Law Review Articles
This article examines additional dispositive powers which might be given the surviving spouse as trustee of a more flexible nonmarital trust. Part II reviews the estate, gift, and income tax consequences of each of these powers. Part III briefly addresses special considerations relative to a nonmarital trust, which is to be funded by way of disclaimer by the surviving spouse. Part IV summarizes the administrative powers typically included in trust instruments insofar as these powers might compromise the testator’s objectives. Part V briefly discusses life insurance on the life of the spouse-trustee. Part VI addresses savings clauses and other defense …
Reformulating The Structure Of Estates: A Proposal For Legislative Action, Lawrence W. Waggoner
Reformulating The Structure Of Estates: A Proposal For Legislative Action, Lawrence W. Waggoner
Book Chapters
Professor Waggoner points out various major inadequacies of the present structure of estates and traces them to the distinctions between conditions and limitations, between conditions precedent and conditions subsequent, and between reversionary and nonreversionary interests. Eschewing such distinctions as artificial, he pre- sents a reformulated structure of possessory and future interests and urges its enactment into law.
Your Money Or Your Wife's?: Social Security Changes Considered, Neal Devins
Your Money Or Your Wife's?: Social Security Changes Considered, Neal Devins
Faculty Publications
No abstract provided.
Timing Under A Unified Wealth Transfer Tax, Theodore S. Sims
Timing Under A Unified Wealth Transfer Tax, Theodore S. Sims
Faculty Scholarship
The United States taxes gifts made while an individual is living more leniently than it taxes wealth transfers at death. Although in some measure this disparity has existed since the enactment of the modern estate and gift taxes in 1916 and 1932, it was significantly narrowed by the Tax Reform Act of 1976 (the 1976 Act). That statute replaced the separate gift and estate taxes with a regime that taxes the cumulative total of an individual's lifetime taxable gifts and his taxable estate at death, under a single (or "unified") graduated table of rates. Nevertheless, there remains a signficant difference …
Litigation And Corporate Governance: An Essay On Steering Between Scylla And Charybdis, John C. Coffee Jr.
Litigation And Corporate Governance: An Essay On Steering Between Scylla And Charybdis, John C. Coffee Jr.
Faculty Scholarship
Criticism of the ALI's Corporate Governance Project has had two very different strains. Most vocal have been those critics who exhibit what one sympathetic observer has aptly termed "a neurotic fear of articulation." Although their expressed concern – namely, that courts will be encouraged to second guess boards and impose liability for arm's length business decisions that turned sour – would be a legitimate cause for anxiety if this indeed were the intent or likely effect of the Project, the underlying fear of these critics is more basic and instinctive. It is best revealed in the title of one critique …
Contrasting Sources: Court Rolls And Settlements As Evidence Of Hereditary Transmission Of Land Amongst Small Landowners In Early Modern England, Lloyd Bonfield
Contrasting Sources: Court Rolls And Settlements As Evidence Of Hereditary Transmission Of Land Amongst Small Landowners In Early Modern England, Lloyd Bonfield
Articles & Chapters
No abstract provided.