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Articles 1 - 16 of 16
Full-Text Articles in Law
Wills, Trusts, Guardianships, And Fiduciary Administration, Mary F. Radford
Wills, Trusts, Guardianships, And Fiduciary Administration, Mary F. Radford
Mercer Law Review
This Article examines the major cases decided and legislation enacted during the period from June 1, 2004 through May 31, 2005. The cases and statutes discussed cover the substantive law relating to decedents' estates, trusts, and guardianships, and to the fiduciaries who administer these entities.
Wills, Trusts, And Estates, J. Rodney Johnson
Wills, Trusts, And Estates, J. Rodney Johnson
University of Richmond Law Review
The General Assembly enacted legislation dealing with wills, trusts, and estates that added or amended a number of sections of the Virginia Code in its 2005 Session. In addition, there were two opinions from the Supreme Court of Virginia that presented issues of interest to the general practitioner as well as to the specialist in wills, trusts, and estates during the period covered by this review. This article reports on all of these legislative and judicial developments.
In Defense Of The No Further Inquiry Rule: A Response To Professor John Langbein, Melanie B. Leslie
In Defense Of The No Further Inquiry Rule: A Response To Professor John Langbein, Melanie B. Leslie
William & Mary Law Review
No abstract provided.
The Virginia Uniform Trust Code, John E. Donaldson, Robert T. Danforth
The Virginia Uniform Trust Code, John E. Donaldson, Robert T. Danforth
University of Richmond Law Review
In its 2005 Session, the Virginia General Assembly enacted Senate Bill 891,1 thus adopting the Uniform Trust Code ("UTC"), with modifications considered appropriate to this state's institutions, traditions, and jurisprudence. The Virginia Uniform Trust Code ("Virginia UTC"), set forth in new Chapter 31 of Title 55 of the Virginia Code, has an effective date of July 1, 2006, but, once in effect, it will be applicable (with some exceptions) to trusts created before, on, or after that date. The new Virginia UTC, which encompasses the great bulk of the principles and rules that comprise the law of trusts in Virginia, …
A Prudential Exercise: Abstention And The Probate Exception To Federal Diversity Jurisdiction, Christian J. Grostic
A Prudential Exercise: Abstention And The Probate Exception To Federal Diversity Jurisdiction, Christian J. Grostic
Michigan Law Review
Ann-Marie Brege's parents established an irrevocable trust in 1985, with Ann-Marie as sole beneficiary. When Merrill Lynch Trust Co. took over as trustee years later, however, the trust's principal dropped sharply, losing over half its value in just a few years. Ann-Marie sued in Michigan probate court, alleging that Merrill Lynch had violated its legal duties in administering the trust. Since Ann-Marie was from New York and Merrill Lynch had its headquarters in New Jersey, Merrill Lynch had an apparently easy argument for diversity jurisdiction. In an unremarkable turn of events, Merrill Lynch filed a notice of removal to federal …
Beyond Our Conception: A Look At Children Born Posthumously Through Reproductive Technology And New York Intestacy Law, Erica Howard-Potter
Beyond Our Conception: A Look At Children Born Posthumously Through Reproductive Technology And New York Intestacy Law, Erica Howard-Potter
Buffalo Women's Law Journal
No abstract provided.
Lingering Questions Regarding The Devise Of Black's Acre: How Many Witnesses Are Required To Prove The Execution Of A Lost Will?, Sarah Shirey
Washington Law Review
Prior to the 1994 revisions to Washington's lost will statute, courts required that execution of a lost will be proved by a preponderance of the evidence. In In re Estate of Black, the Washington State Supreme Court announced that under the revised lost will statute, execution of a lost will must be shown by clear, cogent, and convincing evidence. However, the Black court did not clearly define the quantum of proof necessary to meet this new burden. The dissent in Black read the majority opinion as creating a "two witness requirement," necessitating testimony from both attesting witnesses to meet …
Wills—Holographic Wills And Testamentary Intent—Extrinsic Evidence Is Inadmissible To Prove Testimentary Intent For Holographic Wills Lacking Words Of Disposition. Edmundson V. Estate Of Fountain, No. 03-1459, 2004 Wl 1475423 (Ark. July 1, 2004), J. M. Robinette
University of Arkansas at Little Rock Law Review
No abstract provided.
Section 1014(B)(6) And The Boundaries Of Community Property, Jeremy T. Ware
Section 1014(B)(6) And The Boundaries Of Community Property, Jeremy T. Ware
Nevada Law Journal
No abstract provided.
The Prototype Carbon Fund: A New Departure In International Trusts And Securities Law, Sophie Smyth
The Prototype Carbon Fund: A New Departure In International Trusts And Securities Law, Sophie Smyth
Sustainable Development Law & Policy
No abstract provided.
The Arkansas Trust Code: Good Law For Arkansas, Lynn Foster
The Arkansas Trust Code: Good Law For Arkansas, Lynn Foster
University of Arkansas at Little Rock Law Review
No abstract provided.
No-Fault Death: Wedding Inheritance Rights To Family Values, Linda Kelly Hill
No-Fault Death: Wedding Inheritance Rights To Family Values, Linda Kelly Hill
Kentucky Law Journal
No abstract provided.
Outdated Form Of Evidentiary Law: A Survey Of Dead Man's Statutes And A Proposal For Change, Ed Wallis
Outdated Form Of Evidentiary Law: A Survey Of Dead Man's Statutes And A Proposal For Change, Ed Wallis
Cleveland State Law Review
In order to understand why Dead Man's statutes should be amended by state legislatures, it is important to look at the historical context of Dead Man's statutes and how they have been handled, interpreted and applied in different states. Consequently, Part II of this paper presents an historical outline of Dead Man's statutes; Part III surveys nine states that currently have a common law Dead Man's statute; Part IV analyzes the weaknesses behind the Dead Man's statute; Part V presents three separate alternatives that states should consider adopting in lieu of their current Dead Man's statutes. Finally, part VI concludes …
Death And Taxes: The Family Limited Partnership And Its Use In Estate Planning After The Third Circuit's Ruling In Estate Of Thompson V. Commissioner, Lauren E. Bishow
Death And Taxes: The Family Limited Partnership And Its Use In Estate Planning After The Third Circuit's Ruling In Estate Of Thompson V. Commissioner, Lauren E. Bishow
Villanova Law Review
No abstract provided.
Dynamic Conservation Easements: Facing The Problem Of Perpetuity In Land Conservation, Duncan M. Greene
Dynamic Conservation Easements: Facing The Problem Of Perpetuity In Land Conservation, Duncan M. Greene
Seattle University Law Review
Compared to traditional, static conservation easements, dynamic conservation easements capable of accommodating change over time are better suited to serving their unique conservation purposes. As a result, they are more likely to fulfill their promise to protect the land in perpetuity. For the purposes of this Comment, a "static conservation easement" is an easement whose terms provide unchanging land use restrictions. By contrast, a "dynamic conservation easement" is one whose terms provide land use restrictions that may change over time. Part II of the article provides a primer on land trusts and their use of conservation easements and discusses problems …
The Afterlife Of The Meretricious Relationship Doctrine: Applying The Doctrine Post Mortem, John E. Wallace
The Afterlife Of The Meretricious Relationship Doctrine: Applying The Doctrine Post Mortem, John E. Wallace
Seattle University Law Review
The meretricious relationship doctrine has received increased attention in recent years largely due to its application to same-sex couples' and the national debate on same-sex marriage. However, the importance of the doctrine, applicable also to heterosexual couples, extends beyond this recent focus. The number of unmarried, committed persons cohabitating has been increasing rapidly. Over eleven million people reported being unmarried but living with a partner in 2000, an increase of seventy-two percent since 1990. As the number of unmarried persons cohabitating increases, so will the importance of the doctrine. The meretricious relationship doctrine is a judicially-created equitable doctrine that allows …