University of Florida Levin College of Law
Washington and Lee University School of Law
University of Washington School of Law
University of Arkansas at Little Rock William H. Bowen School of Law
University of Nevada, Las Vegas -- William S. Boyd School of Law
Marquette University Law School
Universidad de La Salle, Bogotá
UC Hastings College of the Law
Wills, Trusts, Guardianships, And Fiduciary Administration,
2022
Mercer University School of Law
Wills, Trusts, Guardianships, And Fiduciary Administration, Mary F. Radford
Mercer Law Review
This Article discusses significant cases decided by the Georgia Court of Appeals during the period of June 1, 2021 through May 31, 2022, and significant Georgia legislation enacted in that same period relating to Georgia probate and trust law, guardianship, and estate planning.
Wills, Trusts, And Estates,
2022
University of Richmond School of Law
Wills, Trusts, And Estates, Hunter M. Glenn, Allison A. Tait
University of Richmond Law Review
Between legislative and judicial activity, there have been a number of noteworthy developments and changes to the rules governing trusts and estates. Several of these developments turn on questions related to the role of fiduciaries, what responsibilities they have with respect to reporting as well as asset management, and when they can be removed. These questions concerning fiduciaries implicitly address the rights of beneficiaries and the protections available to them. New developments also will have multiple repercussions for estate planners and wealth managers. New planning strategies in response to changes in the law of undue influence may become important to …
Holding Residential Property On Inter Vivos Trusts In Singapore: Transfers Of Equity Interests,
2022
Singapore Management University
Holding Residential Property On Inter Vivos Trusts In Singapore: Transfers Of Equity Interests, Vincent Ooi
Research Collection Yong Pung How School Of Law
Following amendments to the ACD regime in Singapore, transferring equity interests to and from a trust with no beneficial owners will attract ACD, as will the exercise of a power of appointment by a trustee to grant equity interests to a beneficiary. Renunciation of interests in a bare trust will also attract ACD. Together with the introduction of ABSD (Trust), it is now impractical to use trusts to hold residential properties for succession planning purposes. Remaining options are to gift the properties without any strings attached or bequeath the properties in a will and risk subsequent changes to death taxation.
Holding Residential Property On Inter Vivos Trusts In Singapore: Transfers Of Interests,
2022
Singapore Management University
Holding Residential Property On Inter Vivos Trusts In Singapore: Transfers Of Interests, Vincent Ooi
Research Collection Yong Pung How School Of Law
As a response to the “missing beneficial owner” problem highlighted by the Zhao Hui Fang case, amendments have been made to Singapore’s stamp duty regime. ABSD will now be levied at 35% on transfers of residential property to trustees, with a remission available if certain conditions are met. These conditions effectively mean that residential property held on inter vivos trusts in Singapore must be given to beneficiaries without conditions or powers of revocation or variation. This has major ramifications for succession planning, since such restrictions largely defeat the purpose of using a trust to hold property in the first place.
Intellectual Heirs Property: Why Certain Musical Copyrights Should Be Included In The Heirs Property Reform Movement,
2022
University of Georgia School of Law
Intellectual Heirs Property: Why Certain Musical Copyrights Should Be Included In The Heirs Property Reform Movement, Austin Weatherly
Journal of Intellectual Property Law
The modern heirs property reform movement seeks to ameliorate the issues caused by the procedures governing the inheritance of real property from landowners who die intestate. This procedure can have a negative impact on heirs and the value of their inherited property. The reform movement, as it stands, only seeks to resolve the issues created by these procedures in the real property context. The rhetorical basis for the modern heirs property reform movement largely focuses on closing the racial wealth gap in the United States and slowing the wealth bleed from one black generation to the next. Many of the …
Conveying Estate Planning To The 21st Century: Adoption Of Electronic Wills Legislation,
2022
University of St. Thomas, Minnesota
Conveying Estate Planning To The 21st Century: Adoption Of Electronic Wills Legislation, Spencer Riegelman
University of St. Thomas Law Journal
No abstract provided.
The Future Of Testamentary Capacity,
2022
Rutgers Law School
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 …
How Should Inheritance Law Remediate Inequality?,
2022
University of Washington School of Law
How Should Inheritance Law Remediate Inequality?, Felix B. Chang
Washington Law Review
This Article argues that trusts and estates (“T&E”) should prioritize intergenerational economic mobility—the ability of children to move beyond the economic stations of their parents—above all other goals. The field’s traditional emphasis on testamentary freedom, or the freedom to distribute property in a will as one sees fit, fosters the stickiness of inequality. For wealthy settlors, dynasty trusts sequester assets from the nation’s system of taxation and stream of commerce. For low-income decedents, intestacy (i.e., the system of property distribution for a person who dies without a will) splinters property rights and inhibits their transfer, especially to nontraditional heirs.
Holistically, …
Federally Mandated Online Sales Tax: A Logistical Solution For The Future Of E-Commerce,
2022
Depaul University College of Law
Federally Mandated Online Sales Tax: A Logistical Solution For The Future Of E-Commerce, Daniel O'Connor
DePaul Business & Commercial Law Journal
No abstract provided.
Economic Structural Transformation And Litigation: Evidence From Chinese Provinces, To Economic Change And Restructuring,
2022
Drake University Law School
Economic Structural Transformation And Litigation: Evidence From Chinese Provinces, To Economic Change And Restructuring, Doug Bujakowski, Joan Schmit
DePaul Business & Commercial Law Journal
No abstract provided.
The "Business Interruption" Insurance Coverage Conundrum: Covid-19 Presents A Challenge,
2022
University of North Dakota School of Law
The "Business Interruption" Insurance Coverage Conundrum: Covid-19 Presents A Challenge, Paul E. Traynor
DePaul Business & Commercial Law Journal
No abstract provided.
Misalighned Incentives In Markets: Envisioning Finance That Benefits All Of Society,
2022
University of Calgary
Misalighned Incentives In Markets: Envisioning Finance That Benefits All Of Society, Dr. Ryan Clements
DePaul Business & Commercial Law Journal
No abstract provided.
Monsanto: Creator Of Cancer Liability,
2022
DePaul University
Monsanto: Creator Of Cancer Liability
DePaul Business & Commercial Law Journal
No abstract provided.
Impact Of Corporate Response To Controversial Presidential Statements Or Policies,
2022
DePaul University
Impact Of Corporate Response To Controversial Presidential Statements Or Policies
DePaul Business & Commercial Law Journal
No abstract provided.
Worshiping At The Feet Of Wealth: Self-Settled Asset Protection Trusts And Their Public Policy Implications,
2022
Pepperdine University
Worshiping At The Feet Of Wealth: Self-Settled Asset Protection Trusts And Their Public Policy Implications, Kelsey Massey
The Journal of Business, Entrepreneurship & the Law
The primary concern of this note is summarizing the public policy concerns concerning Domestic Self-Settled Asset Protection Trusts (DAPT) debated by scholars in a concise way and critiquing them. Secondly, this note seeks to compile various alternative structures suggested by scholars. Part I will explain the basic nature of spendthrift trusts and explain the history leading to the current DAPT structure. Part II will briefly explore the differences between Offshore Self-Settled Asset Protection Trusts (OAPTs) and DAPTs. Part III provides an overview of the relevant policy arguments for and against DAPT statutes and an analysis of their relative persuasiveness. Part …
What To Do With Leftovers: Collecting Earmarked Donations Through Mobile Payment Apps,
2022
Golden Gate University School of Law
What To Do With Leftovers: Collecting Earmarked Donations Through Mobile Payment Apps, Mary Scott Polk
GGU Tax & Estate Planning Review
With the rise in mobile payment applications, charitable donations using these platforms are increasing; equally, the use of a conduit between a donor and a charity to solicit and collect donations for the charity’s benefit is growing. If a charity is overfunded or the charitable purpose is no longer available, the conduit is caught holding a pool of designated donations without the ability to contact the donors for permission for a similar or alternate use. Using the Internal Revenue Code requirements, the authority and regulations are not apparent for a charitable contribution through a conduit, particularly not for a conduit’s …
Legacies Of A Pandemic: Remote Attestation And Electronic Wills,
2022
Mitchell Hamline School of Law
Legacies Of A Pandemic: Remote Attestation And Electronic Wills, Richard F. Storrow
Mitchell Hamline Law Review
No abstract provided.
How Should Inheritance Law Remediate Inequality?,
2022
University of Cincinnati College of Law
How Should Inheritance Law Remediate Inequality?, Felix B. Chang
Faculty Articles and Other Publications
This Essay argues that trusts and estates (“T&E”) should prioritize intergenerational economic mobility—the ability of children to move beyond the economic station of their parents—above all other goals. The field’s traditional emphasis on testamentary freedom fosters the stickiness of inequality. For wealthy settlors, dynasty trusts sequester assets from the nation’s system of taxation and stream of commerce. For low-income decedents, intestacy splinters property rights and inhibits their transfer, especially to nontraditional heirs.
Holistically, this Essay argues that T&E should promote mean regression of the wealth distribution curve over time. This can be accomplished by loosening spending in ultrawealthy households and …
The Future Of Electronic Wills In Rhode Island After Covid-19,
2022
Roger Williams University
The Future Of Electronic Wills In Rhode Island After Covid-19, Crystal L. Collins.
Roger Williams University Law Review
No abstract provided.
2021 Surveys Of Rhode Island Law,
2022
Roger Williams University
2021 Surveys Of Rhode Island Law
Roger Williams University Law Review
No abstract provided.
