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- Trusts and trustees (8)
- Inheritance estate and gift taxes (6)
- Wills (6)
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- Perpetuities (3)
- Probate law and practice (3)
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Articles 1 - 30 of 66
Full-Text Articles in Law
The Future Of Testamentary Capacity, Reid Kress Weisbord, David Horton
The Future Of Testamentary Capacity, Reid Kress Weisbord, David Horton
Washington and Lee Law Review
Recently, the #FreeBritney saga cast a harsh spotlight on state guardianship systems. Yet despite their serious flaws, guardianship regimes have benefited from waves of reform. Indeed, since the 1970s, most jurisdictions have taken steps to protect the autonomy of people with cognitive, intellectual, or developmental disabilities (CIDD). Likewise, lawmakers are currently experimenting with supported decision-making (SDM): an alternative to guardianship designed to help individuals with CIDD make their own choices. These changes are no panacea, but they have modernized a field that once summarily denied “idiots” and “lunatics” power over their affairs.
However, in a related context, the legal system’s …
Probate Funding And The Litigation Funding Debate, Jeremy Kidd
Probate Funding And The Litigation Funding Debate, Jeremy Kidd
Washington and Lee Law Review
Third-party funding of legal claims is becoming more common, and increasingly more controversial. Whether in the legislative arena or in the courts, the fight over whether and how independent parties might provide funding to litigants has become heated. The fight now threatens to spill over into the probate realm, where funders have begun purchasing probate rights from putative heirs. These probate funding transactions share many characteristics with broader litigation funding but also differ in important respects. The meager existing literature tends to address the issue in a pre-biased and methodologically unsound way, making it impossible to properly assess the nature …
The Federal Law Of Property: The Case Of Inheritance Disclaimers And Tenancy By The Entireties, David Gray Carlson
The Federal Law Of Property: The Case Of Inheritance Disclaimers And Tenancy By The Entireties, David Gray Carlson
Washington and Lee Law Review
No abstract provided.
Irresolute Testators, Clear And Convicing Wills Law, Jane B. Baron
Irresolute Testators, Clear And Convicing Wills Law, Jane B. Baron
Washington and Lee Law Review
Controversial recent wills law reforms, embodied in new provisions of both the Uniform Probate Code and the Restatement of Property, excuse so-called harmless errors in will execution and permit judicial correction of erroneous terms in a will or trust. Both reforms pose evidentiary dangers, as proof of the error must come from outside the attested instrument and will be offered after the testator’s death. To respond to this concern, both the error and the testator’s true intent must be established by “clear and convincing” evidence. This Article is the first to examine how courts have applied the clear and convincing …
Asset Preservation And The Evolving Role Of Trusts In The Twenty-First Century, Jay A. Soled, Mitchell M. Gans
Asset Preservation And The Evolving Role Of Trusts In The Twenty-First Century, Jay A. Soled, Mitchell M. Gans
Washington and Lee Law Review
For the vast majority of the twentieth century, trusts served two pivotal roles. The first was as a vehicle to help mitigate federal and state estate tax burdens, the rates of which could be quite significant. The second was to assist in asset preservation, safeguarding trust beneficiaries from their profligacy, former spouses, creditors, and the like.
At the start of the twenty-first century, Congress passed legislation that curtailed the impact of the federal estate tax, and many state legislatures have followed suit, either eliminating or significantly reducing their estate taxes. As a result of these legislative changes, trust instrument reliance …
Toward A Model Law Of Estates And Future Interests, D. Benjamin Barros
Toward A Model Law Of Estates And Future Interests, D. Benjamin Barros
Washington and Lee Law Review
No abstract provided.
Leaving More Than Money: Mediation Clauses In Estate Planning Documents, Lela P. Love, Stewart E. Sterk
Leaving More Than Money: Mediation Clauses In Estate Planning Documents, Lela P. Love, Stewart E. Sterk
Washington and Lee Law Review
When probate disputes arise, an increasing number of courts have been referring those disputes to mediation. Estate planners, however, have been less proactive about drafting wills to include mediation clauses that would anticipate estate disputes and channel them away from litigation. When a will mandates mediation, the will provides a dispute resolution mechanism designed to preserve family harmony, conserve estate assets, and avoid airing the family's "dirty laundry "-objectives common to many testators. Mediation clauses in wills are no panacea. They are of little value to testators who exalt control over estate assets above all other concerns, and they are …
The Future Of Future Interests, T. P. Gallanis
The Future Of Future Interests, T. P. Gallanis
Washington and Lee Law Review
No abstract provided.
Life After Death? The Role Of Postmortem Events In Valuing Deductions For Claims Against Estates, Benjamin Clark Brown
Life After Death? The Role Of Postmortem Events In Valuing Deductions For Claims Against Estates, Benjamin Clark Brown
Washington and Lee Law Review
No abstract provided.
Bequests For Purposes: A Unified Theory, Adam J. Hirsch
Bequests For Purposes: A Unified Theory, Adam J. Hirsch
Washington and Lee Law Review
No abstract provided.
Chasing Down The Devil: Standards Of Prudent Investment Under The Restatement (Third) Of Trusts, W. Brantley Phillips, Jr.
Chasing Down The Devil: Standards Of Prudent Investment Under The Restatement (Third) Of Trusts, W. Brantley Phillips, Jr.
Washington and Lee Law Review
No abstract provided.
An Analysis Of The Virginia Wills Act Formalities And The Need For A Dispensing Power Statute In Virginia, Kelly A. Hardin
An Analysis Of The Virginia Wills Act Formalities And The Need For A Dispensing Power Statute In Virginia, Kelly A. Hardin
Washington and Lee Law Review
No abstract provided.
The Future Of Transfer Taxation: Repeal, Restructuring And Refinement, Or Replacement, John E. Donaldson
The Future Of Transfer Taxation: Repeal, Restructuring And Refinement, Or Replacement, John E. Donaldson
Washington and Lee Law Review
No abstract provided.
Fear And Loathing In Perpetuities, John W. Weaver
Fear And Loathing In Perpetuities, John W. Weaver
Washington and Lee Law Review
No abstract provided.
Right Of Election Against A Foreign Testator's Will
Right Of Election Against A Foreign Testator's Will
Washington and Lee Law Review
No abstract provided.
Constitutionality Of Notice In Virginia Probate And Estate Administration
Constitutionality Of Notice In Virginia Probate And Estate Administration
Washington and Lee Law Review
No abstract provided.
Discharges Of Legal Obligations, Section 2036 And Consideration In Estate And Gift Taxation, Joel E. Newman
Discharges Of Legal Obligations, Section 2036 And Consideration In Estate And Gift Taxation, Joel E. Newman
Washington and Lee Law Review
No abstract provided.
The Estate And Gift Tax Revisions Of The Tax Reform Act Of 1976, Howard Zaritsky
The Estate And Gift Tax Revisions Of The Tax Reform Act Of 1976, Howard Zaritsky
Washington and Lee Law Review
No abstract provided.
The Five Or Five Power: An Obscure Estate Planning Tool, Edward W. Turley, Jr.
The Five Or Five Power: An Obscure Estate Planning Tool, Edward W. Turley, Jr.
Washington and Lee Law Review
No abstract provided.
Estate Taxation Of Life Insurance Under §2042: Recent Decisions Defining Incidents Of Ownership
Estate Taxation Of Life Insurance Under §2042: Recent Decisions Defining Incidents Of Ownership
Washington and Lee Law Review
No abstract provided.
Who's Afraid Of Erisa Wolf?: § 405(D) And Other Houses Of Straw For Trustees Under The Employee Retirement Income Security Act Of 1974
Washington and Lee Law Review
No abstract provided.
V. Life Insurance Proceeds Under § 2042
V. Life Insurance Proceeds Under § 2042
Washington and Lee Law Review
No abstract provided.
I. Valuation Of Property In The Gross Estate
I. Valuation Of Property In The Gross Estate
Washington and Lee Law Review
No abstract provided.
Iv. Powers Of Appointment Under § 2041
Iv. Powers Of Appointment Under § 2041
Washington and Lee Law Review
No abstract provided.