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Articles 31 - 60 of 102
Full-Text Articles in Estates and Trusts
Perpetuities: Basic Clarity, Muddled Reform, Robert L. Fletcher
Perpetuities: Basic Clarity, Muddled Reform, Robert L. Fletcher
Washington Law Review
This piece is intended to present the Rule Against Perpetuities, including its recent modifications, simply and understandably. Because the Rule's mechanics, even in their neatest and purest form, have seemed beyond average comprehension, the explanation given here largely brushes over minor variants in the common law expression of the Rule and its operation. The goal is to ensure that the real core of the Rule is clearly portrayed.
Perpetuities: Basic Clarity, Muddled Reform, Robert L. Fletcher
Perpetuities: Basic Clarity, Muddled Reform, Robert L. Fletcher
Washington Law Review
This piece is intended to present the Rule Against Perpetuities, including its recent modifications, simply and understandably. Because the Rule's mechanics, even in their neatest and purest form, have seemed beyond average comprehension, the explanation given here largely brushes over minor variants in the common law expression of the Rule and its operation. The goal is to ensure that the real core of the Rule is clearly portrayed.
Perpetuities Refinement: There Is An Alternative, Ira Mark Bloom
Perpetuities Refinement: There Is An Alternative, Ira Mark Bloom
Washington Law Review
A new uniform law is in the offing: a Uniform Statutory Rule Against Perpetuities (USRAP). The law is based on the wait-and-see approach to the common law Rule Against Perpetuities. Under this approach, a waiting period is prescribed to see whether the contingency which renders a nonvested interest void under the common law Rule actually occurs. The purpose of this article is twofold: first, to demonstrate why, in response to Professor Leach's basic question, we should not "wait-and-see"; second, to offer constructive alternatives to the wait-and-see approach. Part I of this article identifies those areas of agreement between wait-and-see advocates …
Spendthrift Trusts In Washington—The Statutory Restraint Upon Involuntary Alienation, Thomas W. Read
Spendthrift Trusts In Washington—The Statutory Restraint Upon Involuntary Alienation, Thomas W. Read
Washington Law Review
This Comment first examines the historical origins of section 6.32.250 of the Washington Revised Code, the Washington statute which greatly restricts the involuntary alienation of a beneficial trust interest. It then documents the problems that this statute has created for Washington courts. Finally, it concludes that section 6.32.250 has created needless confusion and recommends that the Washington legislature either repeal or revise the statute.
A Simple "Simple" Will, Lynn B. Squires
A Simple "Simple" Will, Lynn B. Squires
Washington Law Review
The purpose of this Comment is to present a simple will form that is both sophisticated in substance and simple in form. The lawyer's substantive task—to provide a legally valid instrument disposing of the testator's property—is not especially difficult given the many adequate forms available. The task of simplifying the form—to provide a self-explanatory memorandum that the testator can understand—is more difficult given the nature of the available forms. The authors' intent is, first, to provide a simplified will form in which every word is comprehensible to a lay client, and, second, to suggest ways of simplifying other types of …
Application Of The Antilapse Statutes To Appointments Made By Will, Susan F. French
Application Of The Antilapse Statutes To Appointments Made By Will, Susan F. French
Washington Law Review
Although litigation involving powers of appointment has been relatively infrequent, the increasing use of powers over the last few decades forebodes increasing litigation in this field. Anticipating this development, several states have enacted fairly comprehensive statutes which attempt to set forth in accessible form certain aspects of the common law of powers, make certain revisions in the common law, and replace outmoded statutes on powers. One area in which both the common law and the recent statutes are inadequate is in the application of antilapse statutes to appointments made by will. This article examines the development of the common law …
Property—Probate Law & Procedure—No More Probate? Wash. Rev. Code § 11.02.090 (1974), Tom Graafstra
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 …
Meretricious Relationships—Property Rights: A Meretricious Relationship May Create An Implied Partnership—In Re Estate Of Thornton, 81 Wn. 2d 72, 499 P.2d 864 (1972), W. P. F.
Washington Law Review
In the early 1950's, decedent separated from his wife and began living with appellant. During the subsequent seventeen years decedent, appellant and their four children operated a cattle ranch in Washington. In 1961 profits from that business were used to purchase property known as the Malo farm in the name of decedent. During the following years, appellant participated both in the decisions concerning the farm's management and in its day-to-day operations. Upon the death of the decedent in 1969, his surviving spouse filed a petition for probate of his will. Thereafter appellant filed a petition alleging a partnership interest in …
Inter Vivos Trusts—The Washington Testamentary Anti-Lapse Statute Applied To An Inter Vivos Trust. In Re Estate Of Button, 79 Wn.2d 849, 490 P.2d 731 (1971), Anon
Washington Law Review
Robert H. Button died in 1966, leaving two inter vivos trusts. A revocable trust executed in 1940 gave to Button a life estate with the remainder to his mother, Audrey A. Burg. There was no provision in the trust for disposition of the corpus in the event that Button's mother predeceased him. A second trust instrument, executed in 1964, was sent to Button's attorney with somewhat ambiguous instructions with regard to the revocation of the 1940 trust. To resolve the confusion created when Mrs. Burg predeceased Button by thirteen days, the trustee brought an action to determine its obligation under …
Trusts—Rule Against Perpetuities—Cy Pres: Dominant General Testamentary Intent As A Prerequisite To Application—In Re Estate Of Chun Quan Yee Hop, 469 P.2d 183 (Hawaii 1970), Anon
Washington Law Review
Testator provided that a trust "cease and determine upon the death of my wife... or thirty years from the date of my death, whichever shall last occur... ." After finding the provision violative of the Rule Against Perpetuities, the Supreme Court of Hawaii judicially adopted the cy pres (equitable approximation) doctrine to uphold the trust by shortening the period from 30 to 21 years. The court held specifically that "any interest which would violate the Rule Against Perpetuities shall be reformed within the limits of that rule to approximate most closely the intention of the creator of the interest." In …
Probate In England: A Blueprint For The Future?, Robert L. Fletcher
Probate In England: A Blueprint For The Future?, Robert L. Fletcher
Washington Law Review
A book review essay considering Probate Can be Quick and Cheap: Trusts and Estates in England, by William F. Fratcher (1968).
Washington Disinherits The Non-Native Wife, James B. Gilchrist
Washington Disinherits The Non-Native Wife, James B. Gilchrist
Washington Law Review
Under Washington law the marital property rights of a couple who moves to Washington are treated differently than those of a native couple. The author traces the source and effects of this practice, examines possible common law solutions, and recommends adoption of a "quasicommunity property" statute, similar to the successful California statute which gives the migratory spouse protection and inheritance tax treatment comparable to that of the native spouse.
Modification Of Irrevocable Inter Vivos Trusts With Remainder Interest In Settlors' Heirs, Anon
Modification Of Irrevocable Inter Vivos Trusts With Remainder Interest In Settlors' Heirs, Anon
Washington Law Review
Plaintiff executed a spendthrift trust reserving to herself an income interest for life. Upon her death corpus was to be paid over as she appointed by will, or in default of appointment to "such of her next of kin... as by the law in force in the District of Columbia at the death of the... [settlor] shall be provided for in the distribution of an intestate's personal property therein." The trust by its terms was irrevocable, and there was no reserved power to alter, amend, or modify. Settlor sought modification of the trust, invoking the doctrine of worthier title in …
Modification Of Irrevocable Inter Vivos Trusts With Remainder Interest In Settlors' Heirs, Anon
Modification Of Irrevocable Inter Vivos Trusts With Remainder Interest In Settlors' Heirs, Anon
Washington Law Review
Plaintiff executed a spendthrift trust reserving to herself an income interest for life. Upon her death corpus was to be paid over as she appointed by will, or in default of appointment to "such of her next of kin... as by the law in force in the District of Columbia at the death of the... [settlor] shall be provided for in the distribution of an intestate's personal property therein." The trust by its terms was irrevocable, and there was no reserved power to alter, amend, or modify. Settlor sought modification of the trust, invoking the doctrine of worthier title in …
How To Avoid Probate!, By Norman F. Dacey (1965), Robert W. Hallgring
How To Avoid Probate!, By Norman F. Dacey (1965), Robert W. Hallgring
Washington Law Review
This flamboyant bit of hokum is aimed to gratify those who, with Carl Sandburg, can hear "the hearse-horse snicker hauling a lawyer away." The author, billed as "America's best-known professional estate planner," presents himself as the friend in need and indeed of all who would insure to their posterity the goods of the earth. With righteous wrath, and in accents reminiscent of Billy Sunday (perhaps with a trace of P. T. Barnum), Dacey promises the means of delivery from the curse of "probate"—which he depicts as a sort of war of all against all, in which testator and beneficiary alike …
The Uniform Trustee's Powers Act And The Basic Principles Of Fiduciary Responsibility, Robert W. Hallgring
The Uniform Trustee's Powers Act And The Basic Principles Of Fiduciary Responsibility, Robert W. Hallgring
Washington Law Review
Professor Hallgring presents a detailed analysis of the proposed Uniform Trustees' Powers Act's impact on the fiduciary duties of loyalty, care, and non-delegation of discretionary powers. He emphasizes serious downgrading of fiduciary responsibility implicit in several provisions of the proposed act, particularly in the modern context of the large corporate fiduciary. Professor Hallgring concludes that, although many provisions of the act have merit, it does not sufficiently protect the beneficiary as presently drafted. He suggests, however, that amendments strengthening the standards of fiduciary responsibility could be incorporated into the act without destroying the benefits sought by its framers.
Sufficiency Of Proof To Establish Implied Contract, Anon
Sufficiency Of Proof To Establish Implied Contract, Anon
Washington Law Review
Plaintiffs, husband and wife, brought suit against decedent's estate for specific performance of an oral contract to convey or devise real property in return for personal services. An alternative claim asked for the reasonable value of services rendered and expenses paid by plaintiffs in decedent's behalf, and at his request, during the three years preceding his death. Plaintiff wife served as decedent's nurse, housekeeper and occasional provider during this period. Plaintiff husband performed various odd jobs at decedent's request. Throughout this period, plaintiffs received no compensation beyond infrequent use of decedent's lake cabin. Two witnesses testified that decedent told them …
Establishment Of Interest In Intestate Decedents' Estate, Anon
Establishment Of Interest In Intestate Decedents' Estate, Anon
Washington Law Review
Plaintiff, surviving member of a thirteen year meretricious relationship with defendant's decedent, brought an action to establish a half-interest in the estate, consisting of both real and personal property. She stated alternative theories of recovery—including resulting trust, partnership, joint venture, and a pooling agreement—all but the first being contractually based. Although most of the assets of the estate were accumulated during their cohabitation, plaintiff was unable to prove by "clear, cogent, and convincing" evidence the existence of any significant monetary investment from her personal funds. The evidence indicated that her contribution to the accumulated assets consisted primarily of labor, including …
Uniform Trustees' Powers Act, Charles Horowitz
Uniform Trustees' Powers Act, Charles Horowitz
Washington Law Review
In August 1964 the Uniform Law Commnission adopted the Uniform Trustees' Powers Act in response to a long felt need for legislative reform in the area of trustees' powers. The new act applies the "prudent man" concept to the entire field of trustees' powers, an approach proposed by Professor William F. Fratcher in an article published in 1962 entitled Trustees' Powers Legislation. Charles Horowitz, Esq., Chairman of the Uniform Law Commission's Special Committee which was responsible for drafting the new act, discusses the basic approach of the act and the changes the act will effect in the traditional law of …
Washington's Non-Intervention Executor—Starting Point For Probate Simplification, Robert L. Fletcher
Washington's Non-Intervention Executor—Starting Point For Probate Simplification, Robert L. Fletcher
Washington Law Review
Professor Fletcher's discussion of the history and philosophy of the non-intervention executorship under the Washington statute is segmented into four parts. The first three extensively inquire into the philosophy and forces which have shaped the present contours of this unusual procedure. During this era the court in construing the statutory basis for the procedure and the legislature in amending it have treated the nonintervention executorship in some respects as part of the regular probate procedure and in others as wholly separate, quite without unifying rationale. Further, the court has developed a concept of jurisdictional immunity of questionable value. In the …
The Trust Deed Act In Washington, John A. Gose
The Trust Deed Act In Washington, John A. Gose
Washington Law Review
By enacting the Deed of Trust Act, the author suggests Washington has taken one step away from its archaic real property security procedures. He explains the mechanics of trust deed financing and how to best utilize the trust deed. In addition, he points out certain technicalities and pitfalls inherent in the Deed of Trust Act and suggests amendments still needed to fully implement trust deed financing.
Probate Reform In Washington, Robert A. Stewart, John Richard Steincipher
Probate Reform In Washington, Robert A. Stewart, John Richard Steincipher
Washington Law Review
In 1960, two events occurred which illustrate current disenchantment with Washington probate law and highlight the need for reformation and modernization. In that year the voters of this state overwhelmingly adopted an Initiative providing for joint tenancy, despite counsel from the bar that "the initiative is dangerous and that if adopted... will bring back a state of chaos and disrupt the operation of our modern and progressive community property laws." The concern from which this legislation issued was indicated in the Initiative's opening clause, "[J]oint tenancy with right of survivorship permits property to pass to the survivor without the cost …
Wills—Testamentary Capacity—Insane Delusions, John S. Calvert
Wills—Testamentary Capacity—Insane Delusions, John S. Calvert
Washington Law Review
In re Meagher's Estate apparently establishes a new rule requiring that the contestant of a will on the ground of insane delusions must show that the delusion, exclusive of any rational motive, was the controlling cause in the disposition of the property.
Real Estate Investment Trusts In Washington, Birney N. Dempcy
Real Estate Investment Trusts In Washington, Birney N. Dempcy
Washington Law Review
In 1960 Congress adopted §§ 856-858 of the Internal Revenue Code with the avowed purpose of granting to the small investor in real estate the same federal income tax advantages that are afforded investors in regulated investment companies. However the tax advantages that are granted have not given rise to a general adoption of organizations which qualify for the tax advantages. The major reasons for this lack of interest are the complexity of the sections themselves, problems raised by the regulations (many of which have been rectified by the final regulations which were adopted April 28, 1962), and problems raised …
Joint Tenancy And Estate Planning, Charles B. Stacey
Joint Tenancy And Estate Planning, Charles B. Stacey
Washington Law Review
In many states both lawyers and laymen advise taking of title to property in joint tenancy without sufficient knowledge of the legal incidents of this ancient common law estate. Due to the increasing use of this form of ownership, lawyers must learn both the advantages and disadvantages of joint tenancies. Since joint tenancy involves the element of "survivorship," the taking of title to property in this form is usually a conscious act of estate planning. To the knowledgeable estate planner, however, joint tenancies are more often bothersome than useful. The planner is often faced with the problem of eliminating or …
Trusts, Paul A. Webber
Trusts, Paul A. Webber
Washington Law Review
Covers cases on the doctrine of cy pres—general charitable intent.
Wills, David L. Williams
Wills, David L. Williams
Washington Law Review
Covers cases on joint and mutual wills—lapse of the interest of the third party devisee.
Wills And Probate, Lloyd W. Peterson
Wills And Probate, Lloyd W. Peterson
Washington Law Review
Covers cases on testate succession—rights of adopted children.
Trusts, R. H. Nottelmann
Wills And Probate, Stanley B. Allper
Wills And Probate, Stanley B. Allper
Washington Law Review
Covers cases on executors and administrators—accountability of administratrix for rental value of residence.