Law Commons^™

Wills, Trusts And Administration Of Estates, James C. Rehberg

Mercer Law Review

Both the General Assembly and the courts were active during the past year in the area of fiduciary law. The marked increase in legislation, at least as compared to that of the immediately preceding session, may be a reflection of the nationwide attention being given to revision of the probate codes. The work of the General Assembly and of the courts will be discussed in that order.

Prudence, Information, And Trust Investment Law, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

Professors Langbein and Posner recently proposed that fiduciaries be allowed to invest in market funds under a relaxation of the prudent investor standard. But a relaxation of the selectivity requirements may be destructive of capital market efficiency and perhaps of the capital markets themselves.

Report Of Third Annual Seminar On Estate Planning, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Joseph C. Oldham, J. E. Banahan, John Peter Frank, T. O. Jack Hall, Timothy R. Futrell, Michael W. Mcgrath Jr., Edward A. Rothschild, John G. Atchison Jr., W. Van Meter Alford, Scott T. Smith, Russell H. Riggs, Stephen J. Vasek Jr.

Continuing Legal Education Materials

Reports from the UK/CLE Third Annual Seminar on Estate Planning held July 23-24, 1976.

The Sleeping Tort: Testamentary Libel, Leona M. Hudak

Mercer Law Review

Good name in man and woman ..... .Is the immediate jewel of their souls; . . . he that filches from me my good name Robs me of that which not enriches him, And makes me poor indeed.

A man's last will and testament may be described as not only an express disposition of his earthly assets, but a valedictory to the living. This valedictory may in some instances irreparably blot the escutcheon of the living for a curious and hostile world to witness in perpetuity or, at least, until some unforeseen disaster destroys the probate records wherein it reposes. …

An Attack On The Optimum Marital Deduction: Revenue Ruling 76-176, J. Rodney Johnson

Law Faculty Publications

A recent development in the field of estate and gift taxation-the issuance of Revenue Ruling 76-156 may be an indication of a policy decision on the part of the Internal Revenue Service to clamp down on the increasing utilization of the estate planner's most flexible tool in the ·area of post-mortem estate planning-the disclaimer. Due to the potential importance of this ruling, it seems desirable ( 1 ) to deal with the ruling, itself, in some detail, ( 2) to see how the ruling might affect an estate planning concept suggested in these pages last year, and ( 3) to …

The Five Or Five Power: An Obscure Estate Planning Tool, Edward W. Turley, Jr.

Washington and Lee Law Review

No abstract provided.

Estate Taxation Of Life Insurance Under §2042: Recent Decisions Defining Incidents Of Ownership

Washington and Lee Law Review

No abstract provided.

Living Wills--Need For Legal Recognition, James C. Turner

West Virginia Law Review

No abstract provided.

The Uniform Probate Code-Does It Really Work?, Terry L. Crapo

BYU Law Review

No abstract provided.

Uniformity In State Inheritance Laws: How Upc Article Ii Has Fared In Nine Enactments, Richard V. Wellman, James W. Gordon

BYU Law Review

The Uniform Probate Code was drafted to facilitate modernization, simplification, and uniformity of state inheritance laws. Since its approval by the National Conference of Commissioners on Uniform State Laws and by the American Bar Association in August 1969, the Code has been enacted in various forms by 11 states. In this article, Messrs. Wellman and Gordon analyze significant deviations from the recommended version of article II in the first nine enactments of the UPC. The authors argue that all but exceptionally meritorious changes in enacted versions of the UPC should give way to the goal of state uniformity in inheritance …

Articles Ii And Iii Of The Uniform Probate Code As Enacted In Utah, Dale F. Gardiner, Michael A. Neider

BYU Law Review

No abstract provided.

The Educational Benefit Trust:Loophole Or Sinkhole?, John L. Van Cleave

Vanderbilt Law Review

This Note indicates clearly that the likelihood of the court's upholding the tax advantages claimed to be available under EBTs is far from certain. More than an "element of risk" is involved in recommending that a client adopt an educational benefit trust, but does this require an attorney to avoid such arrangements? On the other hand, does an attorney owe an obligation to the legal process and to society to challenge the Service whenever it, in his opinion,has taken a position more favorable to the Treasury than intended by Congress in enacting the legislation underlying the matter in controversy? While …

Property—Probate Law & Procedure—No More Probate? Wash. Rev. Code § 11.02.090 (1974), Tom Graafstra

Washington Law Review

A new section of the Revised Code of Washington, effective October 1, 1974, has the potential for making probate the exception in Washington rather than the rule. The statute, R.C.W. § 11.02.090, characterizes as nontestamentary certain provisions in a variety of written instruments and enables property to pass at death without compliance with the statute of wills. It may extend the concept of probate-avoidance, best exemplified by the community property agreement, to a broader range of circumstances than under prior Washington case law. Although this section makes the Washington law on probate-avoiding instruments clearer and more consistent, as it was …

The New York Law Of Interstate Succession Compared With The Uniform Probate Code: Where There's No Will There's A Way, Julian R. Kossow

Fordham Urban Law Journal

The purpose of this Article is to analyze, compare, and contrast New York’s law of intestacy with that of the Uniform Probate Code (Code). The Article may serve as a basis for estimating the impact on existing concepts of descent and distribution should New York adopt the Code. It addresses itself to the law of intestate succession, delves into present New York law on the subject, examines corresponding sections of the Code, analyzes the differences, and arrives at an evaluation of the benefits and detriments that adoption of the Code would bring. The final analysis reveals that, on balance, the …

The Use Of Restrictive Agreements In Estate Tax Valuation Of Farmlands And Other Properties, Don R. Castleman

Kentucky Law Journal

No abstract provided.

When Does Influence Become Undue?, John J. Hogan

Loyola University Chicago Law Journal

No abstract provided.

Uniformity In State Inheritance Laws: How Upc Article Ii Has Fared In Nine Enactments, Richard V. Wellman, James W. Gordon

Faculty Scholarship

The Uniform Probate Code was drafted to facilitate modernization, simplification, and uniformity of state inheritance laws. Since its approval by the National Conference of Commissioners on Uniform State Laws and by the American Bar Association in August 1969, the Code has been enacted in various forms by 11 states. In this Article, the Authors analyze significant deviations from the recommended version of article II in the first nine enactments of the UPC. The Authors argue that all but exceptionally meritorious changes in enacted versions of the UPC should give way to the goal of state uniformity in inheritance laws, and …

A Reappraisal Of The Wealth Transmission Process: The Surviving Spouse, Year's Support And Intestate Succession, Verner F. Chaffin

Scholarly Works

This Article will attempt to describe and evalute certain aspects of the wealth transmission process. Attention will be given to the surviving spouse's intestate share and its size, the spouse's protection against disinheritance through forced share legislation or otherwise, and, more significantly, whether such a drastic legislative intrusion on freedom of testation is really needed. The adequacy of the support allowance for the decedent's family during the period of administration will also be explored. Attention will also be focused on selected provisions of the intestacy scheme, such as the order of succession, the doctrine of advancements, whether distribution is per …

Virginia Survey Of Law: Property Section; Trusts And Estates Section, Lynda L. Butler

Faculty Publications

No abstract provided.

Racial And Religious Discrimination In Charitable Trusts: A Current Analysis Of Constitutional And Trust Law Solutions, Roy M. Adams

Cleveland State Law Review

It is the purpose of this article to chronicle and analyze the process by which constitutional and trust law have blended together in the charitable trust field. The questions to be posed and answered are essentially these: Can a settlor expect racial and religious restrictions in a charitable trust to be allowed to operate? If such restrictions may operate, under what conditions and circumstances? If not, why not, and what will happen to the trust property thereafter?