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Articles 1 - 27 of 27
Full-Text Articles in Law
Wills, Trusts, And Administration Of Estates, James C. Rehberg
Wills, Trusts, And Administration Of Estates, James C. Rehberg
Mercer Law Review
This survey period has been interesting primarily because fiduciary law seemed to have paused for a breather. Immediately preceding this survey period, the General Assembly enacted the first truly comprehensive trust code in Georgia's history.' After the adoption of this code, with some relatively minor revisions, a time of study and evaluation of the new code, rather than litigation and legislative proposals, seems only natural. The few new statutes concerning fiduciary law will be covered after a discussion of a smaller number than usual of appellate court decisions in this area.
Estate Tax Return Preparation Software, Mark Gillett
Estate Tax Return Preparation Software, Mark Gillett
Mark R Gillett
No abstract provided.
The Uniform Statutory Rule Against Perpetuities: Taming The Technicality-Ridden Legal Nightmare, John D. Moore
The Uniform Statutory Rule Against Perpetuities: Taming The Technicality-Ridden Legal Nightmare, John D. Moore
West Virginia Law Review
No abstract provided.
The 1990 Uniform Probate Code's Elective-Share Provisions--West Virginia's Enactment Paves The Way, Patricia J. Roberts
The 1990 Uniform Probate Code's Elective-Share Provisions--West Virginia's Enactment Paves The Way, Patricia J. Roberts
West Virginia Law Review
No abstract provided.
The Upc And The New Durable Powers, David M. English
The Upc And The New Durable Powers, David M. English
Faculty Publications
This article thoroughly explores the escalation of interest in durable powers of attorney, with particular emphasis on health care powers and advance directives. The author focuses on durable power legislation influenced by the Unifomi Probate Code and health care power and advance directive statutes enacted in response to recent decisions dealing with the withholding or withdrawal of life-sustaining treatment.
Exoneration Clauses In Wills And Trust Instruments, Robert Whitman
Exoneration Clauses In Wills And Trust Instruments, Robert Whitman
Faculty Articles and Papers
No abstract provided.
Abusive Discretion: Discretionary And Supplemental Trusts Created In Settlement Of Personal Injury Claims, Brad Jones Berkness
Abusive Discretion: Discretionary And Supplemental Trusts Created In Settlement Of Personal Injury Claims, Brad Jones Berkness
Washington Law Review
Discretionary and supplemental trusts are often created in settlement of personal injury lawsuits to shield the settlement proceeds from the beneficiary's care-provider's claims. Washington courts provide no clear direction on creditor access to such trusts. This Comment argues for a legislative provision in Washington that makes these trusts accessible to creditors who provide necessities to an injured party. This Comment argues for allowing access regardless of any discretion or supplemental support language in the trust, because these trusts are self-settled and violate public policy.
Before Guardianship: Abuse Of Patient Rights Behind Closed Doors, Peter J. Strauss
Before Guardianship: Abuse Of Patient Rights Behind Closed Doors, Peter J. Strauss
Articles & Chapters
No abstract provided.
Revocation And Revival: An Analysis Of The 1990 Revision Of The Uniform Probate Code And Suggestions For The Future, Robert Whitman
Revocation And Revival: An Analysis Of The 1990 Revision Of The Uniform Probate Code And Suggestions For The Future, Robert Whitman
Faculty Articles and Papers
No abstract provided.
Ademption And The Domain Of Formality In Wills Law, Gregory S. Alexander
Ademption And The Domain Of Formality In Wills Law, Gregory S. Alexander
Cornell Law Faculty Publications
The 1990 revision of the Uniform Probate Code ("UPC") marks the second stage of probate reform in the second half of this century. The first stage was the adoption of the original UPC. While it included some changes in the substantive law of wills, its primary objective was to simplify probate procedure. The second stage, by contrast, focuses almost entirely on the substantive law of wills and will substitutes. It changes several of the primary rules of wills law, including the traditional rule requiring strict compliance with execution formalities. It also makes significant changes in the subsidiary rules of wills …
Algunas Reflexiones Sobre La Protección Penal De Cheque, Martin Paolantonio
Algunas Reflexiones Sobre La Protección Penal De Cheque, Martin Paolantonio
Martin Paolantonio
Nota a fallo con consideraciones sobre el alcance de la tutela penal del cheque y el delito de libramiento de cheque sin provisión de fondos
Anotaciones Sobre El Nuevo Régimen Legal De Factura Conformada (Ley 24.064), Martin Paolantonio, Salvador Bergel
Anotaciones Sobre El Nuevo Régimen Legal De Factura Conformada (Ley 24.064), Martin Paolantonio, Salvador Bergel
Martin Paolantonio
Análisis de los aspectos principales de la ley 24.064 que incorporó una nueva normativa para la factura conformada
La Eficacia Del Derecho Internacional Frente A La Cuestión Ambiental, Martin Paolantonio
La Eficacia Del Derecho Internacional Frente A La Cuestión Ambiental, Martin Paolantonio
Martin Paolantonio
Se subraya la necesidad de un consenso real en el plano internacional para que el derecho ambiental deje de ser primariamente declarativo
Qualitative Theory Of The Dead Hand, Adam J. Hirsch, William K.S. Wang
Qualitative Theory Of The Dead Hand, Adam J. Hirsch, William K.S. Wang
Indiana Law Journal
No abstract provided.
A Qualitative Theory Of The Dead Hand, William K.S. Wang, Adam J. Hirsch
A Qualitative Theory Of The Dead Hand, William K.S. Wang, Adam J. Hirsch
Faculty Scholarship
No abstract provided.
Annual Survey Of Virginia Law: Wills, Trusts, And Estates, J. Rodney Johnson
Annual Survey Of Virginia Law: Wills, Trusts, And Estates, J. Rodney Johnson
University of Richmond Law Review
The 1992 session of the General Assembly enacted legislation dealing with wills, trusts, and estates that added, amended, or repealed a number of sections of the Code of Virginia (the Code). In addition, in the year ending June 1, 1992, there were five cases from the Supreme Court of Virginia and two from the Fourth Circuit Court of Appeals which involve issues of interest to both the general practitioner and the specialist in wills, trusts, and estates. This article analyzes each of these legislative and judicial developments.
Multijurisdictional Estates And Article Ii Of The Uniform Probate Code, Jeffrey Schoenblum
Multijurisdictional Estates And Article Ii Of The Uniform Probate Code, Jeffrey Schoenblum
Vanderbilt Law School Faculty Publications
The prefatory note to the 1990 revisions of article II of the Uniform Probate Code ("UPC") indicates that the changes wrought are a response to several developments since the promulgation of the UPC in 1969. The prefatory note emphasizes the decline of formalism, the proliferation of will substitutes, the multiple-marriage society, and the rise of the partnership/marital sharing theory as stimulative of the revisions introduced. The theme of this article is that one other crucial development has been essentially ignored. No serious attempt has yet been made by the drafters to address the immensely complex yet commonplace issues associated with, …
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
An Eclectic History And Analysis Of The 1990 Uniform Probate Code, Lawrence H. Averill
An Eclectic History And Analysis Of The 1990 Uniform Probate Code, Lawrence H. Averill
Faculty Scholarship
No abstract provided.
Dispensing With Wills' Act Formalities For Substantively Valid Wills, J. Rodney Johnson
Dispensing With Wills' Act Formalities For Substantively Valid Wills, J. Rodney Johnson
Law Faculty Publications
This article's thesis is that if it can be established by clear and convincing evidence (i) that a writing was intended to be a will, (ii) that the putative testator had the requisite capacity, and (iii) that the writing was not the product of fraud, duress or undue influence, then the writing ought to be admitted to probate as a will, even though it might fail to comply with some of the formalities contained in the statute of wills. Those who accept this thesis will agree that the present practice ofrequiring strict compliance with the formalities of the statute of …
The Upc's New Survivorship And Antilapse Provisions, Edward C. Halbach Jr., Lawrence W. Waggoner
The Upc's New Survivorship And Antilapse Provisions, Edward C. Halbach Jr., Lawrence W. Waggoner
Articles
Law governing transfers of family property has long struggled with questions of survivorship in their many and varied forms. Important results can and regularly do turn on how such issues are resolved.
Marital Property Rights In Transition, Lawrence W. Waggoner
Marital Property Rights In Transition, Lawrence W. Waggoner
Articles
The subject of "marital property rights" is very timely because those rights are in a state of transition. The term "marital property rights" covers a vast multitude of rights or interests conferred by law on persons who occupy the status of spouse. This lecture is divided into four discrete, yet related segments. The first segment addresses how the law allocates original ownership between spouses in a marriage. The second segment turns to the intestate share of the surviving spouse. This is not a topic that high-powered estate planners get involved in very much because intestate estates are usually fairly small. …
Spousal Rights In Our Multiple-Marriage Society: The Revised Uniform Probate Code, Lawrence W. Waggoner
Spousal Rights In Our Multiple-Marriage Society: The Revised Uniform Probate Code, Lawrence W. Waggoner
Articles
The transformation of the American family constitutes one of the great phenomenons of the past two decades. The traditional Leave It to Beaver family no longer prevails in American society. To be sure, families consisting of the wage-earning husband, the homemaking and child-rearing wife, and their two joint children still exist. But divorce rates are astonishingly high and remarriage abounds. In fact, there is an increasing prevalence in the population of marriages that are more likely to end in divorce than others-marriages in which one or both partners were divorced before and marriages of couples who cohabited prior to marriage.
Reforming The Law Of Gratuitous Transfers: The New Uniform Probate Code, John H. Langbein, Lawrence W. Waggoner
Reforming The Law Of Gratuitous Transfers: The New Uniform Probate Code, John H. Langbein, Lawrence W. Waggoner
Articles
In the mid-1980s the Uniform Law Commission undertook a landmark revision of the American law of gratuitous transfers. These reforms culminated in a drastically revised Uniform Probate Code ("UPC"). The revisions inspired the Albany Law Review to organize this symposium issue for the purpose of examining the 1990 UPC. In this introductory paper, we point to the main themes of the reform movement, discuss some of the traits and constraints of the uniform law process, and comment on some of the suggestions and insights that appear in the symposium articles.
Perfecting A Defective Special Use Election, Mark Gillett
Perfecting A Defective Special Use Election, Mark Gillett
Mark R Gillett
No abstract provided.
Perfecting The Special Use Election: Congress Giveth, And The Service Taketh Away, Mark Gillett
Perfecting The Special Use Election: Congress Giveth, And The Service Taketh Away, Mark Gillett
Mark R Gillett
No abstract provided.
Equitable Apportionment In Oklahoma: What Hath The Courts Wrought?, Mark R. Gillett
Equitable Apportionment In Oklahoma: What Hath The Courts Wrought?, Mark R. Gillett
Mark R Gillett
No abstract provided.