Law Commons^™

Front Matter

ACTEC Law Journal

No abstract provided.

A Comment On Modernizing New York Trust Law, C. Raymond Radigan, Jennifer F. Hillman

ACTEC Law Journal

No abstract provided.

Trust Flexibility And The Role Of Courts In Limiting Property Forms, Carla Spivack

ACTEC Law Journal

No abstract provided.

Change Is Constant In Estate Planning: Reflections Of An Actec Law Journal Editor, Bridget J. Crawford

ACTEC Law Journal

No abstract provided.

Powers Of Attorney Under The Uniform Power Of Attorney Act Including Reference To Virginia Law, F. Philip Manns Jr.

ACTEC Law Journal

The Uniform Power of Attorney Act (UPOAA), approved in 2006, slightly amended in 2008 and more significantly amended in 2016, has been adopted by 27 U.S. jurisdictions. The UPOAA promotes uniformity in language delineating an agent's powers and mandates that third parties accept notarized powers of attorney. Under the UPOAA, an instrument simply granting an agent authority to do "all acts that a principal could do," vests that agent with broad powers: the precise delineation of those powers is produced by about a dozen pages of UPOAA text automatically incorporated by reference into such "all acts" instruments. However, the UPOAA …

Et Tu (A)(2)? Blattmachr & Gans Dismantle Tax Court's Powell Analysis, N. Todd Angkatavanich, James I. Dougherty, Eric Fischer

ACTEC Law Journal

No abstract provided.

The New York Revised Statutes' Trust Code And The Path Of The Common Law, Alfred L. Brophy

ACTEC Law Journal

No abstract provided.

Elegy, William P. Lapiana

ACTEC Law Journal

No abstract provided.

Response To Professor Horton, Mr. James Pressly And Mr. J. Grier Pressly, Danaya C. Wright, Beth Sterner

ACTEC Law Journal

No abstract provided.

Discretionary Trusts: An Update, Richard C. Ausness

ACTEC Law Journal

In the past, settlors tended to limit a trustee's discretion by setting forth a specific formula for the distribution of trust assets. Nowadays, however, settlors often prefer to vest more discretion in their trustees. This is partly due to the fact that beneficiaries tend to live longer and, therefore, trusts inevitably last longer, thereby requiring trustees to respond to changing conditions. In addition, settlors often believe that vesting increased discretion on the part of trustees will discourage beneficiaries from bringing expensive and disruptive challenges to their decisions.

Nevertheless, the trend toward increased discretion is not without its problems. First of …

Commentary, Ronald H. Jensen

ACTEC Law Journal

No abstract provided.

A Response To Democracy And Trusts, Jake Calvert

ACTEC Law Journal

No abstract provided.

Powell And Section 2036: Our Reply, Mitchell M. Gans, Jonathan G. Blattmachr

ACTEC Law Journal

No abstract provided.

"Undemocratic" Trusts And The Numerus Clausus Principle, E. Gary Spitko

ACTEC Law Journal

In Democracy and Trusts, Professor Carla Spivack argues that, pursuant to the numerus clausus principle, a court is empowered to impair legislation authorizing a certain trust form where the legislation was not the product of "democratic decision-making." This imaginative claim is predicated upon two antecedent claims. First, Professor Spivack argues that the numerus clausus principle should apply to equitable interests. Second, she argues that the numerus clausus principle does not invest legislatures with the sole authority to determine allowable property forms; rather, courts also have an important role to play in composing the list of property forms. This review essay …

Intestacy, Wills, And Intent: A Short Comment On Wright & Sterner, David Horton

ACTEC Law Journal

No abstract provided.

Response: A Modern Assessment Of Intestacy Law, James G. Pressly Jr., J. Grier Pressly Iii

ACTEC Law Journal

No abstract provided.

Front Matter

ACTEC Law Journal

No abstract provided.

Commentary On Discretionary Trusts: An Update By Richard C. Ausness, Alexander A. Bove Jr.

ACTEC Law Journal

No abstract provided.

Undue Influence: The Gap Between Current Law And Scientific Approaches To Decision-Making And Persuasion, Dominic J. Campisi, Evan D. Winet, Jake Calvert

ACTEC Law Journal

No abstract provided.

A Brief Review Of Professor F. Philip Manns, Jr., Powers Of Attorney Under The Uniform Power Of Attorney Act Including Reference To Virginia Law, Howard M. Zaritsky

ACTEC Law Journal

No abstract provided.

Explaining The "Inexplicable": A Response To Powers Of Attorney Under The Uniform Power Of Attorney Act Including Reference To Virginia Law By Philip Manns, Jr., Andrew H. Hook, Jessica A. Hayes

ACTEC Law Journal

No abstract provided.

The Upoaa & Vaupoaa: My Response, F. Philip Manns Jr.

ACTEC Law Journal

No abstract provided.

Over My Dead Body: Preventing And Resolving Disputes Regarding The Disposition Of The Dead, Shawn Irwin Walker

ACTEC Law Journal

The death of a loved one can be one of the most difficult times of a person's life. This difficulty is multiplied when disputes arise regarding the final disposition of the loved one's bodily remains. There are unique issues that exist in disputes when human remains are involved that do not necessarily exist in other disputes that occur after death. Resolving these disputes involves looking to varying state laws that often use a status-based scheme that prioritizes who controls the remains. When a dispute exists regarding the disposition of remains there are a number of vehicles and avenues parties could …

Reactions To Discretionary Trusts: An Update By Richard C. Ausness, Gerry W. Beyer

ACTEC Law Journal

No abstract provided.

My Response To Beyer And Bove, Richard C. Ausness

ACTEC Law Journal

No abstract provided.