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Articles 121 - 128 of 128
Full-Text Articles in Estates and Trusts
Recent Legislation, J. Rodney Johnson
Recent Legislation, J. Rodney Johnson
Law Faculty Publications
The 1972 session of the General Assembly was especially active in the areas of wills, trusts, and estates. Much of this legislation deals with fine points not affecting the average lawyer in his practice. However, the following items of legislation should be of general interest to the attorney whose practice involves probate work or estate planning, even though he does not hold himself out as a specialist in these areas.
The Abolition Of Dower In Virginia: The Uniform Probate Code As An Alternative To Proposed Legislation, J. Rodney Johnson
The Abolition Of Dower In Virginia: The Uniform Probate Code As An Alternative To Proposed Legislation, J. Rodney Johnson
Law Faculty Publications
Elsewhere in the pages of this issue the reader will find a discussion of some of the more important legislation enacted by the 1972 session of the General Assembly of Virginia. This article is concerned with one of the bills that did not pass-the bill to abolish dower and curtesy. Why all this concern with a dead bill, especially since the dower problem is one of long standing which has sustained attacks before? The answer is that the forces of opposition have grown stronger each year among Virginia lawyers. The Virginia Advisory Legislative Council has recommended the conversion of dower …
The Abolition Of Dower In Virginia: The Uniform Probate Code As An Alternative To Proposed Legislation, J. Rodney Johnson
The Abolition Of Dower In Virginia: The Uniform Probate Code As An Alternative To Proposed Legislation, J. Rodney Johnson
University of Richmond Law Review
Elsewhere in the pages of this issue the reader will find a discussion of some of the more important legislation enacted by the 1972 session of the General Assembly of Virginia.' This article is concerned with one of the bills that did not pass-the bill to abolish dower and curtesy. Why all this concern with a dead bill, especially since the dower problem is one of long standing which has sustained attacks before? The answer is that the forces of opposition have grown stronger each year among Virginia lawyers. The Virginia Advisory Legislative Council has recommended the conversion of dower …
Recent Legislation
University of Richmond Law Review
This is a list of the recent legislation from 1970.
Proposed Legislation: It's Time To Abolish Dower And Curtesy In Virginia, Joseph L. Lewis
Proposed Legislation: It's Time To Abolish Dower And Curtesy In Virginia, Joseph L. Lewis
University of Richmond Law Review
In its deliberations during 1966 and 1967 regarding estates of decedents, the Virginia Advisory Legislative Council gave particular consideration to the advisability of abolishing the contingent rights of dower and curtesy in Virginia. The VALC had to determine what interests, if any, should be reserved to the surviving consort, and whether the distinction between real and personal property in intestate succession should be abolished.
The Statutory Regulation Of Inheritance By Nonresident Aliens, Daniel T. Murphy
The Statutory Regulation Of Inheritance By Nonresident Aliens, Daniel T. Murphy
Law Faculty Publications
The right of a nonresident alien to take real or personal property through testamentary bequest or intestate succession is regulated in this country by the laws of the states in which the property is located or the estate is probated. Many of the individual states of the Union demand that a potential foreign beneficiary establish, as a condition precedent to receipt of his inheritance share, compliance with an established statutory scheme. Often these regulatory measures require the existence of circumstances over which the alien, as an individual, has no, or at best minimal, control. The nonresident alien's ability to take …
Pour-Over Devise Or Bequest To Life Insurance Trust-Sequence Of Execution Of Papers, Ellsworth Wiltshire
Pour-Over Devise Or Bequest To Life Insurance Trust-Sequence Of Execution Of Papers, Ellsworth Wiltshire
University of Richmond Law Review
The "pour-over" will devising or bequeathing property to the trustee of an existing revocable and amendable inter vivos trust created by the testator has become quite popular during the last few years with attorneys, trust officers, and estate planners. In a number of states important legal pitfalls relating to such "pour-overs" not resolved by the decided cases have been eliminated by statute. In Virginia the General Assembly of 1958 enacted a "pour-over" statute (Va. Code Ann. 64-71.1 [19501) settling some difficult questions. However, a serious problem still exisits in Virginia with respect to devises and bequests to trustees of life …
Revocation And Revival Of Wills In Virginia, James H. Barnett Jr.
Revocation And Revival Of Wills In Virginia, James H. Barnett Jr.
University of Richmond Law Review
Kate Miller Levring executed two wills, the first in 1954, the second in 1955. The latter contained an express revocation clause. Following her death the second will which was last traced to her possession could not be found, thus giving rise to a strong presumption that she had destroyed it with intent to revoke. In an inter-partes proceeding, the executor named in the first will, offered that will for probate. Probate was contested by certain next of kin of the deceased. The only evidence introduced was a statement by the decedent that she planned to make certain undisclosed changes in …