Open Access. Powered by Scholars. Published by Universities.®

Estates and Trusts Commons

Open Access. Powered by Scholars. Published by Universities.®

3,714 Full-Text Articles 2,245 Authors 1,551,833 Downloads 117 Institutions

All Articles in Estates and Trusts

Faceted Search

3,714 full-text articles. Page 1 of 64.

Trusts And Estates Attorney Panel And Networking Reception, Cardozo Trusts and Estates Law Society 2023 Yeshiva University, Cardozo School of Law

Trusts And Estates Attorney Panel And Networking Reception, Cardozo Trusts And Estates Law Society

Flyers 2023-2024

No abstract provided.


Immortal Longings: Perpetuity In Context, Lawrence M. Friedman 2023 Stanford University School of Law

Immortal Longings: Perpetuity In Context, Lawrence M. Friedman

Buffalo Law Review

No abstract provided.


Table Of Contents, Seattle University Law Review 2023 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


Integrating Doctrine And Diversity Speaker Series: How Does Diversity, Equity, Inclusion And Belonging Pedagogy Fit In Business Issues And Financial Affairs Classes? Leading With Deib In Wills, Trusts, Estates, Insurance, Contracts, And Taxation Law Classes, Roger Williams University School of Law 2023 Roger Williams University

Integrating Doctrine And Diversity Speaker Series: How Does Diversity, Equity, Inclusion And Belonging Pedagogy Fit In Business Issues And Financial Affairs Classes? Leading With Deib In Wills, Trusts, Estates, Insurance, Contracts, And Taxation Law Classes, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Matter Of Will Of Ratcliff And The Not-So-Harmless Error: A Call To Change Mississippi’S Approach To Will Formalities, Kelsi Baldwin 2023 Mississippi College School of Law

Matter Of Will Of Ratcliff And The Not-So-Harmless Error: A Call To Change Mississippi’S Approach To Will Formalities, Kelsi Baldwin

Mississippi College Law Review

A will provides a mechanism to dispose of property at death. But costly litigation—or worse, a will’s invalidation—often thwart this purpose. The law of probate is state-specific, which leaves jurisdictions with the burden of ensuring that their laws promote rather than defeat the purpose of probate—to honor the testator’s intent. Mississippi attempts to recognize this purpose by requiring strict compliance with the statutory requirements for creating a will. This “better safe than sorry” approach errs on the side of invalidity with the hope that denying a non-compliant instrument for probate will prevent fraud and other wrongdoing.

Despite its intention, Mississippi’s …


Louisville’S Cj Ryan To Join Indiana Law In January, James Owsley Boyd 2023 Maurer School of Law: Indiana University

Louisville’S Cj Ryan To Join Indiana Law In January, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

Adding to an already impressive list of new faculty, the Indiana University Maurer School of Law is pleased to announce CJ Ryan, of the University of Louisville Brandeis School of Law, will join the Law School for the start of the spring 2024 semester.

In addition to his role on the Brandeis faculty, Ryan is an affiliated scholar at the American Bar Foundation.


Welcome Address, Lauren McKenzie 2023 DePaul University

Welcome Address, Lauren Mckenzie

DePaul Business & Commercial Law Journal

No abstract provided.


Front Matter, 2023 DePaul University

Front Matter

DePaul Business & Commercial Law Journal

No abstract provided.


A Behavioral Economics Analysis Of Will Making Preferences: When To Begin And Who Should Have The Most Input, Bridget J. Crawford, Tina Cockburn, Kelly Purser, Ho Fai Chan, Uwe Dulleck 2023 Elisabeth Haub School of Law at Pace University

A Behavioral Economics Analysis Of Will Making Preferences: When To Begin And Who Should Have The Most Input, Bridget J. Crawford, Tina Cockburn, Kelly Purser, Ho Fai Chan, Uwe Dulleck

Elisabeth Haub School of Law Faculty Publications

The global COVID-19 pandemic has highlighted the need to plan for death, including the transmission of property through a valid will. Surprisingly little is known, however, about when people tend to make wills, how they go about doing so, and whether those practices vary from jurisdiction to jurisdiction. To begin building a foundation of knowledge, a research team comprised of United States and Australian lawyers and economists recently conducted the first-ever behavioral economics empirical study exploring these questions. This Article reports the results of the team's survey of both members of the Australian general public and estate planning lawyers in …


Proposing A Model Antilapse Clause, Raymond C. O'Brien 2023 Maurice A. Deane School of Law at Hofstra University

Proposing A Model Antilapse Clause, Raymond C. O'Brien

ACTEC Law Journal

The complexity of state antilapse statutes exacerbates the task of many estate planners seeking to give prudent expression to the postmortem wishes of a client. These statutes vary as to which predeceasing beneficiaries they should apply, who should be the substitute takers to benefit instead of these lapsed beneficiaries, and how to treat beneficiaries who are treated as predeceasing because of renunciation agreements, final decrees of divorce, or, when the beneficiary kills, exploits, or abuses the one from whom the beneficiary would take. Within the modern statutory framework, there exists an abundant array of testamentary devices by which a transferor …


The Problem Of Charitable Trust Enforcement: Addressing The Insufficiencies Of The Attorney General System And Proposing New Reform, Morgan Wahler 2023 Maurice A. Deane School of Law at Hofstra University

The Problem Of Charitable Trust Enforcement: Addressing The Insufficiencies Of The Attorney General System And Proposing New Reform, Morgan Wahler

ACTEC Law Journal

No abstract provided.


Front Matter, 2023 Maurice A. Deane School of Law at Hofstra University

Front Matter

ACTEC Law Journal

No abstract provided.


The Calling Of The Counselor In Counseling Families, Part 2, Ronald D. Aucutt 2023 Maurice A. Deane School of Law at Hofstra University

The Calling Of The Counselor In Counseling Families, Part 2, Ronald D. Aucutt

ACTEC Law Journal

No abstract provided.


An Historical And Empirical Analysis Of The Cyprès Doctrine, Christopher J. Ryan 2023 Maurice A. Deane School of Law at Hofstra University

An Historical And Empirical Analysis Of The Cyprès Doctrine, Christopher J. Ryan

ACTEC Law Journal

Cy près is a pivotal doctrine in estate law and indeed American jurisprudence. It places courts in the shoes of settlors of charitable trusts to discern not only their original intent but also affords the possibility of continuing the material purpose for which settlors created enduring legacies of philanthropy benefitting society. For this reason, it may well be that no other legal doctrine is as closely tied to the interests of the individual and the collective as cy près. And my first-of-its kind study puts the cy-près doctrine front and center, while providing three major contributions to the field. First, …


The Islamisation Of The English Trust: The Hibah Trust In Malaysia, Hang Wu TANG 2023 Singapore Management University

The Islamisation Of The English Trust: The Hibah Trust In Malaysia, Hang Wu Tang

Research Collection Yong Pung How School Of Law

Malaysia, being a former English colony, inherited a corpus of English law which includes equity and trusts. In recent times, major banks, financial institutions, and trust companies have reimagined the English trust in combination with Islamic law, by offering an innovation called the hibah trust. This instrument represents the Islamisation of the English trust concept where the Islamic idea of the hibah, an inter vivos gift and the English trust is combined as a wealth management offering to clients. This article explores how the hibah trust works, reasons why institutions may be offering this hybrid instrument, and potential challenges to …


“I’Ll Give You My Trust Assets, When You Pry Them From My Cold, Dead Hands”: The Supreme Court Of Georgia Clarifies That A Mere Challenge To A Trust’S Formation Will Not Trigger An In Terrorem Clause, Kiana Johnson 2023 Mercer University School of Law

“I’Ll Give You My Trust Assets, When You Pry Them From My Cold, Dead Hands”: The Supreme Court Of Georgia Clarifies That A Mere Challenge To A Trust’S Formation Will Not Trigger An In Terrorem Clause, Kiana Johnson

Mercer Law Review

Imagine a television infomercial wakes you up from your sleep. While refocusing your vision, you faintly hear the television say: “Are you a disgruntled beneficiary?” You think to yourself, “I’m not disgruntled, but I sure wish I could have more money.” You are slightly intrigued, so you crank up the volume on the television, and the infomercial emphatically states, “Do you believe you are entitled to ‘ill-gotten gains’?” You think to yourself, “I have no idea what ill-gotten gains are.” I just want ownership over the assets I —.”

Giller v. Slosberg, 359 Ga. App. 867, 858 S.E.2d 747 …


Until The Cows Come Home: Ancillary Probate Reform Is Needed Across The Country To Better Serve Farmers And Ranchers, Emily K. Daniel 2023 Texas A&M University School of Law

Until The Cows Come Home: Ancillary Probate Reform Is Needed Across The Country To Better Serve Farmers And Ranchers, Emily K. Daniel

Texas A&M Journal of Property Law

Property law has long established a difference between real and personal property. When an individual dies, if they owned real property in another state, they may be subject to the other state’s probate or estates code. This means that the decedent’s beneficiaries may have to probate the estate again in the secondary state’s courts if the statutes state that is a requirement. This secondary probate proceeding is called ancillary probate. This Article aims to show the negative effects that ancillary probate has on certain people and industries. Specifically, ancillary probate is a problem that negatively affects farmers and ranchers across …


Rethinking Party Autonomy In Trust Law, Stewart E. Sterk 2023 Benjamin N. Cardozo School of Law

Rethinking Party Autonomy In Trust Law, Stewart E. Sterk

Articles

No abstract provided.


Professor Sterk & Cardozo Trust & Estates Law Society Invite You To: Surrogates And Sushi, Cardozo Trusts and Estates Law Society, Cardozo Family Law Society, Cardozo Criminal Law Society 2023 Yeshiva University, Cardozo School of Law

Professor Sterk & Cardozo Trust & Estates Law Society Invite You To: Surrogates And Sushi, Cardozo Trusts And Estates Law Society, Cardozo Family Law Society, Cardozo Criminal Law Society

Flyers 2022-2023

No abstract provided.


Perpetuities In An Unequal Age, Jack H.L. Whiteley 2023 Northwestern Pritzker School of Law

Perpetuities In An Unequal Age, Jack H.L. Whiteley

Northwestern University Law Review

For centuries, the common law limited aristocratic wealth. In the last three decades, that has changed. One by one, state legislatures have eliminated the rule against perpetuities (the Rule), and now “dynasty trusts” can make carefully controlled payments to a settlor’s descendants for hundreds of years. This change occurred soon before a large and ongoing intergenerational wealth transfer in the United States. Trusts scholars have roundly criticized the Rule’s removal, and some have described it as charting a path to a new Gilded Age.

This Article draws a theoretical lesson from the Rule’s demise. I argue that part of the …


Digital Commons powered by bepress