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Full-Text Articles in Law
Purpose Trusts As A Planning Tool For The 21st Century, Thomas E. Simmons, Brad Myers
Purpose Trusts As A Planning Tool For The 21st Century, Thomas E. Simmons, Brad Myers
Thomas E. Simmons
No abstract provided.
Unwinding Irrevocable Trusts, Thomas E. Simmons
Unwinding Irrevocable Trusts, Thomas E. Simmons
Thomas E. Simmons
No abstract provided.
Conflict-Of-Interest-Infected Virtual Representatives And A Cure, Thomas E. Simmons
Conflict-Of-Interest-Infected Virtual Representatives And A Cure, Thomas E. Simmons
Thomas E. Simmons
The general rule that a person cannot be bound by an agreement or a decree unless she received notice encounters practical difficulties where a person is missing, incompetent, a minor, unascertained, or even unborn. In many trust proceedings, all beneficiaries are necessary parties. But short of appointing a guardian ad litem to represent persons who are difficult to notice, uncertainty and inefficiencies would be encountered were it not for the doctrines of representation and virtual representation. Under these common law doctrines persons -- even if not yet in existence -- can be held to be parties to a proceeding "virtually …