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- Trusts and trustees (8)
- Wills (8)
- Inheritance estate and gift taxes (6)
- Executors and administrators (4)
- Future interests (4)
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- Perpetuities (4)
- Probate law and practice (3)
- Spendthrift trusts (3)
- Trusts (3)
- Asset protection (2)
- Bankruptcy (2)
- Capital gains tax (2)
- Charitable trusts (2)
- Dower and curtesy (2)
- Property (2)
- Asset preservation (1)
- Bankruptcy Law; Estate (1)
- Banks and banking (1)
- Capacity (1)
- Champerty (1)
- Clear and convincing evidence standard (1)
- Competence (1)
- Conflict of laws/Inheritance and succession (1)
- Constitutional law (1)
- Cy pres (1)
- Debtory & creditor (1)
- Decanting (1)
- Deed of trust (1)
- Democracy (1)
- Discretionary trusts (1)
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Articles 1 - 30 of 77
Full-Text Articles in Estates and Trusts
The Future Of Testamentary Capacity, Reid Kress Weisbord, David Horton
The Future Of Testamentary Capacity, Reid Kress Weisbord, David Horton
Washington and Lee Law Review
Recently, the #FreeBritney saga cast a harsh spotlight on state guardianship systems. Yet despite their serious flaws, guardianship regimes have benefited from waves of reform. Indeed, since the 1970s, most jurisdictions have taken steps to protect the autonomy of people with cognitive, intellectual, or developmental disabilities (CIDD). Likewise, lawmakers are currently experimenting with supported decision-making (SDM): an alternative to guardianship designed to help individuals with CIDD make their own choices. These changes are no panacea, but they have modernized a field that once summarily denied “idiots” and “lunatics” power over their affairs.
However, in a related context, the legal system’s …
Probate Funding And The Litigation Funding Debate, Jeremy Kidd
Probate Funding And The Litigation Funding Debate, Jeremy Kidd
Washington and Lee Law Review
Third-party funding of legal claims is becoming more common, and increasingly more controversial. Whether in the legislative arena or in the courts, the fight over whether and how independent parties might provide funding to litigants has become heated. The fight now threatens to spill over into the probate realm, where funders have begun purchasing probate rights from putative heirs. These probate funding transactions share many characteristics with broader litigation funding but also differ in important respects. The meager existing literature tends to address the issue in a pre-biased and methodologically unsound way, making it impossible to properly assess the nature …
Less Trust Means More Trusts, Bridget J. Crawford
Less Trust Means More Trusts, Bridget J. Crawford
Washington and Lee Law Review Online
The word “trust” has multiple meanings. In everyday speech, it refers to a feeling of confidence associated with integrity, such as trusting that a friend will keep a secret. In the financial context, some law students, lawyers and lucky individuals also understand that a trust is a near-magical device that splits legal and equitable title. A trustee holds formal legal title to property for the benefit of a beneficiary simply because the grantor declares it to be so. By turning the spotlight on “trust,” in both senses of the word, one can discern fault lines in contemporary U.S. political and …
The Federal Law Of Property: The Case Of Inheritance Disclaimers And Tenancy By The Entireties, David Gray Carlson
The Federal Law Of Property: The Case Of Inheritance Disclaimers And Tenancy By The Entireties, David Gray Carlson
Washington and Lee Law Review
No abstract provided.
In Defense Of The Harmless Error Rule’S Clear And Convincing Evidence Standard: A Response To Professor Baron, Mark Glover
In Defense Of The Harmless Error Rule’S Clear And Convincing Evidence Standard: A Response To Professor Baron, Mark Glover
Washington and Lee Law Review Online
In Irresolute Testators, Clear and Convincing Wills Law, Professor Jane Baron draws attention to a conflict between the mechanics of the law of wills and the realities of testation. Baron observes that the law of wills is designed to be used as a tool by resolute and rationale testators to communicate their intent regarding the distribution of property upon death. However, the law’s archetypical testator does not represent the many real testators who are irresolute and irrational, those possessing incoherent and only partially formed thoughts regarding the disposition of their estates.
Based upon the disconnect between the law’s paradigm …
Incomplete Dispositions, Naomi Cahn
Incomplete Dispositions, Naomi Cahn
Washington and Lee Law Review Online
In Irresolute Testators, Professor Jane Baron provocatively suggests the existence of two distinct types of testators: the rational, autonomous testator who has made deliberate choices about the contents of her will and whose errors, if any, are minor; and the more vulnerable, less resolute testator who may not have actually made the final decisions enshrined in a formal will. To illustrate how these testators appear in wills law, she analyzes how courts apply the doctrines of harmless error and mistake reformation. While the two doctrines appear to be intended to help the resolute testator, courts instead, she suggests, also …
Foreclosure Of A Deed Of Trust In Virginia, Doug Rendleman
Foreclosure Of A Deed Of Trust In Virginia, Doug Rendleman
Scholarly Articles
This article deals with foreclosure of a deed of trust in Virginia. The Introduction discusses the deed of trust or mortgage as a social and political institution and the foreclosure crisis that seems to be ending. Part I is a brief history of mortgage law. It provides a short history of the modern mortgage system in the United States. Part II follows with a description of the approach that Virginia takes to mortgages. It localizes the mortgage institution to Virginia and introduces Virginia's vocabulary and technical details, the deed of trust, and the parties' rights and obligations. Part III provides …
Irresolute Testators, Clear And Convicing Wills Law, Jane B. Baron
Irresolute Testators, Clear And Convicing Wills Law, Jane B. Baron
Washington and Lee Law Review
Controversial recent wills law reforms, embodied in new provisions of both the Uniform Probate Code and the Restatement of Property, excuse so-called harmless errors in will execution and permit judicial correction of erroneous terms in a will or trust. Both reforms pose evidentiary dangers, as proof of the error must come from outside the attested instrument and will be offered after the testator’s death. To respond to this concern, both the error and the testator’s true intent must be established by “clear and convincing” evidence. This Article is the first to examine how courts have applied the clear and convincing …
Asset Preservation And The Evolving Role Of Trusts In The Twenty-First Century, Jay A. Soled, Mitchell M. Gans
Asset Preservation And The Evolving Role Of Trusts In The Twenty-First Century, Jay A. Soled, Mitchell M. Gans
Washington and Lee Law Review
For the vast majority of the twentieth century, trusts served two pivotal roles. The first was as a vehicle to help mitigate federal and state estate tax burdens, the rates of which could be quite significant. The second was to assist in asset preservation, safeguarding trust beneficiaries from their profligacy, former spouses, creditors, and the like.
At the start of the twenty-first century, Congress passed legislation that curtailed the impact of the federal estate tax, and many state legislatures have followed suit, either eliminating or significantly reducing their estate taxes. As a result of these legislative changes, trust instrument reliance …
Toward A Model Law Of Estates And Future Interests, D. Benjamin Barros
Toward A Model Law Of Estates And Future Interests, D. Benjamin Barros
Washington and Lee Law Review
No abstract provided.
Leaving More Than Money: Mediation Clauses In Estate Planning Documents, Lela P. Love, Stewart E. Sterk
Leaving More Than Money: Mediation Clauses In Estate Planning Documents, Lela P. Love, Stewart E. Sterk
Washington and Lee Law Review
When probate disputes arise, an increasing number of courts have been referring those disputes to mediation. Estate planners, however, have been less proactive about drafting wills to include mediation clauses that would anticipate estate disputes and channel them away from litigation. When a will mandates mediation, the will provides a dispute resolution mechanism designed to preserve family harmony, conserve estate assets, and avoid airing the family's "dirty laundry "-objectives common to many testators. Mediation clauses in wills are no panacea. They are of little value to testators who exalt control over estate assets above all other concerns, and they are …
Till [My Parents'] Death Do Us Part: Exposing Testamentary Restrictions Placed On Marriages That Perpetuate Prejudice, Christina V. Bonfanti
Till [My Parents'] Death Do Us Part: Exposing Testamentary Restrictions Placed On Marriages That Perpetuate Prejudice, Christina V. Bonfanti
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Article Five Of The Utc And The Future Of Creditors' Rights In Trusts, Robert T. Danforth
Article Five Of The Utc And The Future Of Creditors' Rights In Trusts, Robert T. Danforth
Scholarly Articles
The Uniform Trust Code ("UTC") is the first comprehensive codification of the law of trusts. Approved in 2000 by the National Conference of Commissioners on Uniform State Laws, the UTC has since been enacted (sometimes in modified form) in at least a dozen jurisdictions. The UTC has not been without controversy. In particular, Article Five of the UTC - concerning creditors' rights - has generated a veritable war of words, with opponents claiming that enactment of the UTC will result in dire consequences to the traditional creditor-protection benefits associated with spendthrift and discretionary trusts. The purpose of this article is …
The Virginia Uniform Trust Code, Robert T. Danforth
The Virginia Uniform Trust Code, Robert T. Danforth
Scholarly Articles
In its 2005 session the Virginia General Assembly enacted Senate Bill No. 891, thus adopting the Uniform Trust Code (UTC), with modifications considered appropriate to this state's institutions, traditions and jurisprudence. The Virginia Uniform Trust Code (Virginia UTC), set forth in new Chapter 31 of Title 55 of the Code, has an effective date of July 1, 2006, but, once in effect, will be applicable (with some exceptions) to trusts created before, on, or after that date.
The new Virginia UTC, which encompasses the great bulk of the principles and rules that comprise the law of trusts in Virginia, has …
The Future Of Future Interests, T. P. Gallanis
The Future Of Future Interests, T. P. Gallanis
Washington and Lee Law Review
No abstract provided.
Life After Death? The Role Of Postmortem Events In Valuing Deductions For Claims Against Estates, Benjamin Clark Brown
Life After Death? The Role Of Postmortem Events In Valuing Deductions For Claims Against Estates, Benjamin Clark Brown
Washington and Lee Law Review
No abstract provided.
Rethinking The Law Of Creditors' Rights In Trusts, Robert T. Danforth
Rethinking The Law Of Creditors' Rights In Trusts, Robert T. Danforth
Scholarly Articles
No abstract provided.
Dead Hands And State Actors: Theracially Discriminatory Charitable Trustin Hermitage Methodist Homes, Dean Barclay
Dead Hands And State Actors: Theracially Discriminatory Charitable Trustin Hermitage Methodist Homes, Dean Barclay
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Bequests For Purposes: A Unified Theory, Adam J. Hirsch
Bequests For Purposes: A Unified Theory, Adam J. Hirsch
Washington and Lee Law Review
No abstract provided.
Chasing Down The Devil: Standards Of Prudent Investment Under The Restatement (Third) Of Trusts, W. Brantley Phillips, Jr.
Chasing Down The Devil: Standards Of Prudent Investment Under The Restatement (Third) Of Trusts, W. Brantley Phillips, Jr.
Washington and Lee Law Review
No abstract provided.
An Analysis Of The Virginia Wills Act Formalities And The Need For A Dispensing Power Statute In Virginia, Kelly A. Hardin
An Analysis Of The Virginia Wills Act Formalities And The Need For A Dispensing Power Statute In Virginia, Kelly A. Hardin
Washington and Lee Law Review
No abstract provided.
The Future Of Transfer Taxation: Repeal, Restructuring And Refinement, Or Replacement, John E. Donaldson
The Future Of Transfer Taxation: Repeal, Restructuring And Refinement, Or Replacement, John E. Donaldson
Washington and Lee Law Review
No abstract provided.
Fear And Loathing In Perpetuities, John W. Weaver
Fear And Loathing In Perpetuities, John W. Weaver
Washington and Lee Law Review
No abstract provided.
Right Of Election Against A Foreign Testator's Will
Right Of Election Against A Foreign Testator's Will
Washington and Lee Law Review
No abstract provided.
Reed V. Campbell, Individually And As Administrix Of The Estate Of Ricker, Lewis F. Powell Jr.
Reed V. Campbell, Individually And As Administrix Of The Estate Of Ricker, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Constitutionality Of Notice In Virginia Probate And Estate Administration
Constitutionality Of Notice In Virginia Probate And Estate Administration
Washington and Lee Law Review
No abstract provided.
Discharges Of Legal Obligations, Section 2036 And Consideration In Estate And Gift Taxation, Joel E. Newman
Discharges Of Legal Obligations, Section 2036 And Consideration In Estate And Gift Taxation, Joel E. Newman
Washington and Lee Law Review
No abstract provided.
The Estate And Gift Tax Revisions Of The Tax Reform Act Of 1976, Howard Zaritsky
The Estate And Gift Tax Revisions Of The Tax Reform Act Of 1976, Howard Zaritsky
Washington and Lee Law Review
No abstract provided.
The Five Or Five Power: An Obscure Estate Planning Tool, Edward W. Turley, Jr.
The Five Or Five Power: An Obscure Estate Planning Tool, Edward W. Turley, Jr.
Washington and Lee Law Review
No abstract provided.