Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Seattle University School of Law (185)
- University of Michigan Law School (74)
- University of Colorado Law School (16)
- University of Richmond (13)
- UIC School of Law (7)
-
- Maurer School of Law: Indiana University (5)
- University of Missouri School of Law (5)
- BLR (4)
- Florida International University College of Law (4)
- Yeshiva University, Cardozo School of Law (4)
- Association of American Law Schools (3)
- Georgia State University College of Law (3)
- Pepperdine University (3)
- Roger Williams University (3)
- University at Buffalo School of Law (3)
- University of Connecticut (3)
- Cornell University Law School (2)
- American University Washington College of Law (1)
- Brooklyn Law School (1)
- Northwestern Pritzker School of Law (1)
- Osgoode Hall Law School of York University (1)
- Penn State Dickinson Law (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- Universitas Indonesia (1)
- University of Florida Levin College of Law (1)
- University of Missouri-Kansas City School of Law (1)
- University of the District of Columbia School of Law (1)
- Villanova University Charles Widger School of Law (1)
- Keyword
-
- Law reform (39)
- Uniform Probate Code (32)
- Probate law (24)
- Trusts (24)
- Wills (24)
-
- Children (18)
- Estate planning (16)
- Estates (16)
- Conservation easements (15)
- Land tenure (15)
- Property (14)
- Real property (14)
- Uniform acts (14)
- Equitable servitudes (13)
- Future interests (13)
- Leaseback agreements (13)
- Reserved life interests (13)
- UCEA (13)
- Uniform Conservation Easement Act (13)
- Dominant estate (12)
- Law (12)
- Leases (12)
- Perpetuities (12)
- Public lands (12)
- Purchased development rights (12)
- Third-party enforcement (12)
- Intestacy (11)
- Legislation (11)
- NGOs (11)
- Profits à prendre (11)
- Publication Year
- Publication
-
- Seattle University Law Review (185)
- Articles (31)
- Michigan Law Review (27)
- Books, Reports, and Studies (15)
- University of Richmond Law Review (13)
-
- University of Michigan Journal of Law Reform (12)
- Faculty Publications (7)
- Indiana Law Journal (5)
- UIC Law Review (5)
- ExpressO (4)
- Cardozo Law Review (3)
- Faculty Articles and Papers (3)
- Journal of Legal Education (3)
- Pepperdine Law Review (3)
- Roger Williams University Law Review (3)
- Cornell Law Faculty Publications (2)
- FIU Law Review (2)
- Georgia State University Law Review (2)
- Michigan Legal Studies Series (2)
- UIC Law Open Access Faculty Scholarship (2)
- Brooklyn Journal of Corporate, Financial & Commercial Law (1)
- Buffalo Law Review (1)
- Cardozo Public Law, Policy & Ethics Journal (1)
- Dickinson Law Review (2017-Present) (1)
- Faculty Publications By Year (1)
- Faculty Works (1)
- Florida Law Review (1)
- Journal Articles (1)
- Jurnal Konstitusi & Demokrasi (1)
- Legislation and Policy Brief (1)
- Publication Type
Articles 271 - 300 of 348
Full-Text Articles in Estates and Trusts
Wills, Trusts, And Estates, J. Rodney Johnson
Wills, Trusts, And Estates, J. Rodney Johnson
University of Richmond Law Review
No abstract provided.
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.
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
Does A Life Insurance Subtrust Create A Prohibited Assignment Within A Qualified Plan?, 34 J. Marshall L. Rev. 727 (2001), Stephen Brooks
Does A Life Insurance Subtrust Create A Prohibited Assignment Within A Qualified Plan?, 34 J. Marshall L. Rev. 727 (2001), Stephen Brooks
UIC Law Review
No abstract provided.
Estates & Trusts: 2001 Survey Of Florida Law, Eloisa Rodriguez-Dod
Estates & Trusts: 2001 Survey Of Florida Law, Eloisa Rodriguez-Dod
Faculty Publications
This article discusses relevant changes in Florida probate and trust statutes and regulations through mid-2001, updating a prior survey published in 1998. The article highlights and summarizes, some aspects of the elective share provisions and other legislative changes to the Florida Probate Code and Trust Administration Statutes. Amendments to the Florida Probate Rules are also highlighted. Lastly, the article highlights some significant cases decided during mid-2001 that affected this area of the law.
Boggs V. Boggs: Creating Real-Life Cinderellas, 33 J. Marshall L. Rev. 271 (1999), Heather J. Rose
Boggs V. Boggs: Creating Real-Life Cinderellas, 33 J. Marshall L. Rev. 271 (1999), Heather J. Rose
UIC Law Review
No abstract provided.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
The Uniform Probate Code Extends Antilapse-Type Protection To Poorly Drafted Trusts, Lawrence W. Waggoner
The Uniform Probate Code Extends Antilapse-Type Protection To Poorly Drafted Trusts, Lawrence W. Waggoner
Articles
The Uniform Law Commission' promulgated a revised version of Article II of the Uniform Probate Code (UPC or Code) in 1990, and approved a set of technical amendments in 1993. As Director of Research and Chief Reporter for the Joint Editorial Board for the Uniform Probate Code (Board)2 and reporter for the UPC Article II drafting committee, I was privileged to serve as the principal drafter of these provisions. UPC Article II deals with the substantive rules governing donative transfers - intestacy; spouse's elective share; execution, revocation, and revival of wills; rules of construction for wills and other donative transfers; …
The Uniform Probate Code Upends The Law Of Remainders, Jesse Dukeminier
The Uniform Probate Code Upends The Law Of Remainders, Jesse Dukeminier
Michigan Law Review
Nothing is more settled in the law of remainders than that an indefeasibly vested remainder is transmissible to the remainderman's heirs or devisees upon the remainderman's death. Thus, where a grantor conveys property "to A for life, then to B and her heirs," B's remainder passes to B's heirs or devisees if B dies during the life of A. Inheritability of vested remainders was recognized in the time of Edward I, and devisability was recognized with the Statute of Wills in 1540.
Tribute To William F. Fratcher: Marital Property Rights In Transition, Lawrence W. Waggoner
Tribute To William F. Fratcher: Marital Property Rights In Transition, Lawrence W. Waggoner
Articles
"Marital property rights," a term that covers a vast multitude of rights or interests conferred by law on persons who occupy the status of spouse, are in a state of transition. To discuss the themes and trends that are emerging, this Article is divided into four discrete, yet related segments. The first segment addresses how the law allocates original ownership between spouses in a marriage. The second segment turns to the intestate share of the surviving spouse. This is not a topic that much concerns high-powered estate planners because intestate estates are usually fairly small. But to the surviving spouse, …
The Revised Uniform Probate Code, Lawrence W. Waggoner
The Revised Uniform Probate Code, Lawrence W. Waggoner
Articles
In 1989 and 1990, Articles II and VI of the Uniform Probate Code (UPC) were revised by the National Conference of Commissioners on Uniform State Laws (NCCUSL). Article II covers the basic law of intestacy, wills, spousal rights, rules of construction, and perpetuities. Article VI deals with multiple-party accounts and transfer-on-death (TOD) security registration. The major innovations in the revised UPC are driven by changes in legal theory. Three grand themes are at work in the new UPC: 1. improving spousal rights and sensitizing them to changes in family structure, 2. curing intent-defeating formalism, and 3. unifying the law of …
Spendthrift Trusts: It's Time To Codify The Compromise, Anne S. Emanuel
Spendthrift Trusts: It's Time To Codify The Compromise, Anne S. Emanuel
Faculty Publications By Year
No abstract provided.
Exoneration Clauses In Wills And Trust Instruments, Robert Whitman
Exoneration Clauses In Wills And Trust Instruments, Robert Whitman
Faculty Articles and Papers
No abstract provided.
Spousal Rights In Our Multiple-Marriage Society: The Revised Uniform Probate Code, Lawrence W. Waggoner
Spousal Rights In Our Multiple-Marriage Society: The Revised Uniform Probate Code, Lawrence W. Waggoner
Articles
The transformation of the American family constitutes one of the great phenomenons of the past two decades. The traditional Leave It to Beaver family no longer prevails in American society. To be sure, families consisting of the wage-earning husband, the homemaking and child-rearing wife, and their two joint children still exist. But divorce rates are astonishingly high and remarriage abounds. In fact, there is an increasing prevalence in the population of marriages that are more likely to end in divorce than others-marriages in which one or both partners were divorced before and marriages of couples who cohabited prior to marriage.
The Upc's New Survivorship And Antilapse Provisions, Edward C. Halbach Jr., Lawrence W. Waggoner
The Upc's New Survivorship And Antilapse Provisions, Edward C. Halbach Jr., Lawrence W. Waggoner
Articles
Law governing transfers of family property has long struggled with questions of survivorship in their many and varied forms. Important results can and regularly do turn on how such issues are resolved.
Qualitative Theory Of The Dead Hand, Adam J. Hirsch, William K.S. Wang
Qualitative Theory Of The Dead Hand, Adam J. Hirsch, William K.S. Wang
Indiana Law Journal
No abstract provided.
Reforming The Law Of Gratuitous Transfers: The New Uniform Probate Code, John H. Langbein, Lawrence W. Waggoner
Reforming The Law Of Gratuitous Transfers: The New Uniform Probate Code, John H. Langbein, Lawrence W. Waggoner
Articles
In the mid-1980s the Uniform Law Commission undertook a landmark revision of the American law of gratuitous transfers. These reforms culminated in a drastically revised Uniform Probate Code ("UPC"). The revisions inspired the Albany Law Review to organize this symposium issue for the purpose of examining the 1990 UPC. In this introductory paper, we point to the main themes of the reform movement, discuss some of the traits and constraints of the uniform law process, and comment on some of the suggestions and insights that appear in the symposium articles.
Revocation And Revival: An Analysis Of The 1990 Revision Of The Uniform Probate Code And Suggestions For The Future, Robert Whitman
Revocation And Revival: An Analysis Of The 1990 Revision Of The Uniform Probate Code And Suggestions For The Future, Robert Whitman
Faculty Articles and Papers
No abstract provided.
Marital Property Rights In Transition, Lawrence W. Waggoner
Marital Property Rights In Transition, Lawrence W. Waggoner
Articles
The subject of "marital property rights" is very timely because those rights are in a state of transition. The term "marital property rights" covers a vast multitude of rights or interests conferred by law on persons who occupy the status of spouse. This lecture is divided into four discrete, yet related segments. The first segment addresses how the law allocates original ownership between spouses in a marriage. The second segment turns to the intestate share of the surviving spouse. This is not a topic that high-powered estate planners get involved in very much because intestate estates are usually fairly small. …
American Family Law In The Age Of Aids: An Annotated Bibliography, 24 J. Marshall L. Rev. 625 (1991), John R. Austin, Rebecca S. Trammell
American Family Law In The Age Of Aids: An Annotated Bibliography, 24 J. Marshall L. Rev. 625 (1991), John R. Austin, Rebecca S. Trammell
UIC Law Review
No abstract provided.
The Multiple-Marriage Society And Spousal Rights Under The Revised Uniform Probate Code, Lawrence W. Waggoner
The Multiple-Marriage Society And Spousal Rights Under The Revised Uniform Probate Code, Lawrence W. Waggoner
Articles
Nearly everyone knows about the transformation of the American family that has taken place over the last couple of decades. The changes, from the latter half of the 1970s into the present, comprise one of the great events of our age. Articles on one aspect or another of the phenomenon frequent the popular press, and a special edition of Newsweek was recently devoted to the topic.' The traditional "Leave It To Beaver" family no longer prevails in American society. To be sure, families consisting of a wage-earning husband, a homemaking and child-rearing wife, and their two joint children still exist. …
Spousal Probate Rights In A Multiple-Marriage Society, Lawrence W. Waggoner
Spousal Probate Rights In A Multiple-Marriage Society, Lawrence W. Waggoner
Other Publications
Nearly everyone knows about the transformation of the American family that has taken place over the last couple of decades. The changes comprise one of the great events of our age-from the latter half of the 1970's into the present. Articles on one aspect or another of the phenomenon frequent the popular press, and a special edition of Newsweek was recently devoted to the topic. The traditional "Leave It To Beaver" family no longer prevails in American marriage behavior. To be sure, the wage-earning husband, the homemaking and child-rearing wife, and their two joint children-this type of family still exists. …
The Uniform Statutory Rule Against Perpetuities: The Rationale Of The 90-Year Waiting Period, Lawrence W. Waggoner
The Uniform Statutory Rule Against Perpetuities: The Rationale Of The 90-Year Waiting Period, Lawrence W. Waggoner
Articles
The Uniform Law Commissioners promulgated the Uniform Statutory Rule Against Perpetuities in 1986. The perpetuity-reform efforts of the American Law Institute in the Restatement (Second) inspired the Uniform Act. The Restatement and the Uniform Act employ the so-called wait-and-see approach to perpetuity reform. Wait-and-see is a two-step strategy. Step One preserves the validating side of the common-law Rule Against Perpetuities (the common-law Rule): By satisfying the common-law Rule, a nonvested future interest in property is valid at the moment of its creation. Step Two is a salvage strategy for future interests that would have been invalid at common law: Rather …
The Uniform Statutory Rule Against Perpetuities: Oregon Joins Up, Lawrence W. Waggoner
The Uniform Statutory Rule Against Perpetuities: Oregon Joins Up, Lawrence W. Waggoner
Articles
Uniform perpetuity reform is on the march, and Oregon has joined the parade. On January 1, 1990, the Uniform Statutory Rule Against Perpetuities (Uniform Act) became effective in Oregon. Although promulgated only three years ago, the Uniform Act has been enacted in over twenty percent of the states and appears to be on its way toward enactment in several others. Prior to the adoption of the Uniform Act, Oregon followed the common-law Rule Against Perpetuities (common-law Rule). Noted for its unjust consequences, the common-law Rule disregards actual events and invalidates a contingent (nonvested) future interest merely on the grounds of …
Congressional Diversions: Legislative Responses To The Estate Valuation Freeze, Wayne M. Gazur
Congressional Diversions: Legislative Responses To The Estate Valuation Freeze, Wayne M. Gazur
Publications
No abstract provided.
Wait-And-See: The New American Uniform Act On Perpetuities, Lawrence W. Waggoner
Wait-And-See: The New American Uniform Act On Perpetuities, Lawrence W. Waggoner
Articles
The wait-and-see version of perpetuity reform has gained a new champion in the United States. The National Conference of Commissioners on Uniform State Laws-the body responsible for promulgating uniform legislation, such as the Uniform Commercial Code, for recommended enactment by the federal states-recently approved a Uniform Statutory Rule Against Perpetuities. Shortly thereafter, the Uniform Act was endorsed by the House of Delegates of the American Bar Association, the Board of Regents of the American College of Probate Counsel, and the Board of Governors of the American College of Real Estate Lawyers.
Redesigning The Spouse's Forced Share, John H. Langbein, Lawrence W. Waggoner
Redesigning The Spouse's Forced Share, John H. Langbein, Lawrence W. Waggoner
Articles
American forced-share law underwent a major round of reform in the 1960s. The main objective was to prevent the decedent from engaging in "fraud on the widow's share," that is, using nominal inter vivos transfers to evade the surviving spouse's forced-share entitlement. In jurisdictions that follow the Uniform Probate Code of 1969 (UPC), that mischief has been eradicated. The UPC, which is discussed in some detail below, extends the forced-share entitlement to property that has been the subject of inter vivos transfer. In the present article we develop the view that the time has come for a further round of …
The Uniform Statutory Rule Against Perpetuities, Lawrence W. Waggoner
The Uniform Statutory Rule Against Perpetuities, Lawrence W. Waggoner
Articles
When the National Conference of Commissioners on Uniform State Laws recently approved the Uniform Statutory Rule Against Perpetuities, it may at long last have made perpetuity reform achievable in this country. Coming, as it does, on the heels of the 1981 promulgation of the Restatement (Second) of Property (Donative Transfers), which adopts the same general type of perpetuity reform, and having been unanimously endorsed by the House of Delegates of the American Bar Association, the Board of Regents of the American College of Probate Counsel, and the Board of Governors of the American College of Real Estate Lawyers, the Uniform …
Perpetuity Reform, Lawrence W. Waggoner
Perpetuity Reform, Lawrence W. Waggoner
Articles
After years of debate, perpetuity reform is still controversial. To be sure, there is agreement among virtually all of the commentators and experts in the field that the Rule Against Perpetuities is in need of reform. The disagreement, on the surface, centers on the methods of reform to be employed. At least three basic methods have been advanced: (1) specific statutory repair of discrete problem areas; (2) reformation; and (3) wait-and-see. Each method has its sponsors, and each has in one form or another been adopted as part of the law of a few states. These methods are not mutually …