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Full-Text Articles in Law
The Secret Economy Of Charitable Giving, Allison Anna Tait
The Secret Economy Of Charitable Giving, Allison Anna Tait
Law Faculty Publications
Charitable giving is big business. In 2009, the Internal Revenue Service reported close to 100,000 private foundations, almost double the number from fifteen years earlier. Some of these charitable trusts, like the Gates Foundation, are multi-billion dollar enterprises. Trust instruments and other governing documents set forth the terms that control these gifts. Because charitable trusts can exist in perpetuity, however, changing circumstances sometimes render the terms difficult to fulfill. Courts can apply cy pres, a doctrine that allows for the modification of gift restrictions, but in the past courts have tended to apply cy pres narrowly and privilege donor intent …
Bettr Section Committee To Recommend Modified Version Of Uniform Trust Code, E. Edwin Eck
Bettr Section Committee To Recommend Modified Version Of Uniform Trust Code, E. Edwin Eck
Faculty Journal Articles & Other Writings
This article outlines a proposed modified version of the Uniform Trust Code for Montana and notes several advantages and benefits Montanans would receive if the version is adopted by the Montana Legislature.
The New Mexico Uniform Trust Code, David M. English
The New Mexico Uniform Trust Code, David M. English
Faculty Publications
This article provides an overview of the New Mexico UTC, focusing on how its enactment either changes or clarifies existing New Mexico law.
The Kansas Uniform Trust Code, David M. English
The Kansas Uniform Trust Code, David M. English
Faculty Publications
Senate Bill 297, which was enacted by the Kansas legislature in 2002 and which became effective on January 1, 2003, is a substantial adoption of the Uniform Trust Code (2000) (“UTC”). The Kansas UTC is codified in a new chapter, Kansas Statutes Annotated chapter 58a. The UTC is the Uniform Law Commissioners' first effort to provide the states with a comprehensive model for codifying their law on trusts.
Analyzing The Trust Code, David M. English
Analyzing The Trust Code, David M. English
Faculty Publications
Uniform Acts have played a significant role in the development of the law on trusts and estates. While the Uniform Probate Code is perhaps the best known of such Acts, there are many others. The Uniform Trust Code (2000) ( “UTC”) continues in this tradition. Like the Uniform Probate Code, it provides the states with a comprehensive model for codifying their laws. It provides the states with an opportunity to update, fill out, and systematize their law on trusts.
The Uniform Trust Code (2000): Significant Provisions And Policy Issues, David M. English
The Uniform Trust Code (2000): Significant Provisions And Policy Issues, David M. English
Faculty Publications
This Article provides an overview of the UTC, describes how it responds to recent developments in American trust practice, and describes how its enactment would change the trust law prevailing in most American states.
The Uniform Trust Code (2000) And Its Application To Ohio, David M. English
The Uniform Trust Code (2000) And Its Application To Ohio, David M. English
Faculty Publications
This article provides an overview of the U.T.C., focusing on how its enactment would change existing Ohio law. The drafting of the U.T.C. was prompted by the much greater use of trusts in recent years. This greater use of the trust and consequent rise in the number of day-to-day questions involving trusts led to a recognition by the Commissioners that the trust law in most states is thin, leaving many gaps between the often few statutes and reported cases