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Articles 1 - 9 of 9
Full-Text Articles in Law
Analyzing The Trust Code, David M. English
Analyzing The Trust Code, David M. English
Faculty Publications
Uniform Acts have played a significant role in the development of the law on trusts and estates. While the Uniform Probate Code is perhaps the best known of such Acts, there are many others. The Uniform Trust Code (2000) ( “UTC”) continues in this tradition. Like the Uniform Probate Code, it provides the states with a comprehensive model for codifying their laws. It provides the states with an opportunity to update, fill out, and systematize their law on trusts.
The Uniform Trust Code (2000): Significant Provisions And Policy Issues, David M. English
The Uniform Trust Code (2000): Significant Provisions And Policy Issues, David M. English
Faculty Publications
This Article provides an overview of the UTC, describes how it responds to recent developments in American trust practice, and describes how its enactment would change the trust law prevailing in most American states.
Removal Of Corporate Trustees Under The Uniform Trust Code And Other Current Law: Does A Contractual Lense Help Clarify The Rights Of Beneficiaries, Ronald Chester, Sarah Reid Ziomek
Removal Of Corporate Trustees Under The Uniform Trust Code And Other Current Law: Does A Contractual Lense Help Clarify The Rights Of Beneficiaries, Ronald Chester, Sarah Reid Ziomek
Missouri Law Review
In this Article, we hope to show that viewing trust law through a contractual lense may illuminate the problem of beneficiary removal of a corporate trustee. In part, this lense of help clarify by examining the recent reforms in American trust law (as seen in the UTC and Restatement (Third) of Trusts), as well as the contractual approach of European civil law jurisdiction and their recent attempts to move beyond it. Along the way, we will explore what rights the trust deal may provide beneficiaries in the trustee removal area. For example, a corporate trustee performs certain non-personal duties that …
Uniform Trust Code (2000): Significant Provisions And Policy Issues, The, David M. English
Uniform Trust Code (2000): Significant Provisions And Policy Issues, The, David M. English
Missouri Law Review
The Uniform Trust Code (200) (“UTC”) is the first effort by the National Conference of Commissioners on Uniform State Laws to provide the states with a comprehensive model for codifying their law on trusts. This Article provides an overview oft eh UTC, describes how it reponds to recent developments in American trust practice, and describes how its enactment would change the trust law prevailing in most American states. The final text of the UTC was approved by the Commissioners in August 2000, and by the American Bar Association’s House of Delegates at its mid-year meeting in February 2001. The detailed …
Of Punctilios And Paybacks: The Duty Of Loyalty Under The Uniform Trust Code, Karen E. Boxx
Of Punctilios And Paybacks: The Duty Of Loyalty Under The Uniform Trust Code, Karen E. Boxx
Missouri Law Review
Loyalty has been cited as the most desired of traits from those who serve others. One reason that loyalty is so highly valued is that it is impossible to guarantee and impossible to buy. The trust law concept of the duty of loyalty acknowledges that human nature will cause any person to favor his or her personal interests over the interests another, and it is this assumption of disloyalty that gives rise to the strict prohibitions of trustee conflicts of interest required under the label of “duty of loyalty.”
Fiduciary Duty: A New Ethical Paradigm For Lawyer/Fiducaries, Paula A. Monopoli
Fiduciary Duty: A New Ethical Paradigm For Lawyer/Fiducaries, Paula A. Monopoli
Missouri Law Review
The modern academic trend, as embodied in the Uniform Probate Code (“UPC”) and the new Uniform Trust Code (“UTC”), has been to move from a interventionist model of probate toward a minimalist approach to judicial intervention. That model may not be working when it comes to lawyers acting as fiduciaries. The ethical issues and monitoring problems inherent in the confidential relationship that characterizes the attorney/client/fiduciary relationship may warrant more, rather than less, intervention. These monitoring problems and the underlying issues of conflict of interest are particularly acute when the lawyer acting as fiduciary drafted the instrument in which he or …
How Uniform Will The Uniform Trust Code Be: Vagaries Of Missouri Trust Law Versus Desires For Conformity, Scot Boulton
How Uniform Will The Uniform Trust Code Be: Vagaries Of Missouri Trust Law Versus Desires For Conformity, Scot Boulton
Missouri Law Review
The promulgation of the Uniform Trust Code (“UTC”) by the National Conference of Commissioners on Uniform State Laws presents a real opportunity to replace the current hit-or-miss Missouri statutory scheme with a comprehensive, flexible body of trust statutes that is not overly exhaustive. The UTC could fill some important gaps in Missouri law and solve issues left open by current statutory provisions. However, after extensive analysis, it is clear that Missouri has adopted some unique statutes and combinations of statutes that express policy decisions that are much different than those made in corresponding provisions of the UTC. One such example …
Get Your Dead Hands Off Me: Beneficiaries' Right To Terminate Or Modify A Trust Under The Uniform Trust Code, Julia C. Walker
Get Your Dead Hands Off Me: Beneficiaries' Right To Terminate Or Modify A Trust Under The Uniform Trust Code, Julia C. Walker
Missouri Law Review
The Law Summary provide a discussion of beneficiaries' right ot terminate or modify a trust and speculates on the impact adoption of the UTC will have on this area of the law In Missouri. This analysis is particularly important, given Missouri's deviation from the majority approach to trust termination or modification in the past.
The Uniform Trust Code (2000) And Its Application To Ohio, David M. English
The Uniform Trust Code (2000) And Its Application To Ohio, David M. English
Faculty Publications
This article provides an overview of the U.T.C., focusing on how its enactment would change existing Ohio law. The drafting of the U.T.C. was prompted by the much greater use of trusts in recent years. This greater use of the trust and consequent rise in the number of day-to-day questions involving trusts led to a recognition by the Commissioners that the trust law in most states is thin, leaving many gaps between the often few statutes and reported cases