Estates and Trusts Commons^™

The Afterlife Of The Meretricious Relationship Doctrine: Applying The Doctrine Post Mortem, John E. Wallace

Seattle University Law Review

The meretricious relationship doctrine has received increased attention in recent years largely due to its application to same-sex couples' and the national debate on same-sex marriage. However, the importance of the doctrine, applicable also to heterosexual couples, extends beyond this recent focus. The number of unmarried, committed persons cohabitating has been increasing rapidly. Over eleven million people reported being unmarried but living with a partner in 2000, an increase of seventy-two percent since 1990. As the number of unmarried persons cohabitating increases, so will the importance of the doctrine. The meretricious relationship doctrine is a judicially-created equitable doctrine that allows …

Outdated Form Of Evidentiary Law: A Survey Of Dead Man's Statutes And A Proposal For Change, Ed Wallis

Cleveland State Law Review

In order to understand why Dead Man's statutes should be amended by state legislatures, it is important to look at the historical context of Dead Man's statutes and how they have been handled, interpreted and applied in different states. Consequently, Part II of this paper presents an historical outline of Dead Man's statutes; Part III surveys nine states that currently have a common law Dead Man's statute; Part IV analyzes the weaknesses behind the Dead Man's statute; Part V presents three separate alternatives that states should consider adopting in lieu of their current Dead Man's statutes. Finally, part VI concludes …

The Arkansas Trust Code: Good Law For Arkansas, Lynn Foster

University of Arkansas at Little Rock Law Review

No abstract provided.

The Prototype Carbon Fund: A New Departure In International Trusts And Securities Law, Sophie Smyth

Sustainable Development Law & Policy

No abstract provided.

Resolution Procedures To Resolve Trust Beneficiary Complaints, Robert Whitman

Faculty Articles and Papers

No abstract provided.

Wills, Trusts And Estates (Annual Survey Of Virginia Law, 2004-05), J. Rodney Johnson

Law Faculty Publications

The General Assembly enacted legislation dealing with wills, trusts, and estates that added or amended a number of sections of the Virginia Code in its 2005 Session. In addition, there were two opinions from the Supreme Court of Virginia that presented issues of interest to the general practitioner as well as to the specialist in wills, trusts, and estates during the period covered by this review. This article reports on all of these legislative and judicial developments.

Using Trusts To Settle Lawsuits, Thomas Simmons

Faculty Publications

Special considerations come into play when a plaintiff poised to recover money is a child or an individual with a disability. In the context of settling a lawsuit or receiving judgment proceeds, cash cannot simply be delivered to such a person because of the plaintiff's legal incapacity. Instead, recovered funds must be delivered to a third party for the plaintiff's benefit. This third party can be a trustee, a custodian, or a conservator. In most circumstances, the use of a trust offers greater flexibility and better protections of the plaintiff/client's interests. Not uncommonly, however, attorneys select a conservator or simply …

A Pluralist Approach To Interpretation: Wills And Contracts, Kent Greenawalt

Faculty Scholarship

This account of legal interpretation focuses mainly on wills and contracts. It adopts a pluralist approach, one that treats a number of factors as potentially relevant and does not assume that all relevant factors necessarily reduce to one overarching inquiry that is the same whatever legal text is being interpreted.

The Virginia Uniform Trust Code, John E. Donaldson

Faculty Publications

No abstract provided.

Modification And Termination Of Irrevocable Trusts Under The Ohio Uniform Trust Code, Alan Newman, Jamie R. Minor

Akron Law Faculty Publications

The adoption of the Ohio Uniform Trust Code (the “OUTC” or “the Code”) will constitute a comprehensive codification of trust law in Ohio. Among the many subjects it covers are the modification and termination of trusts. As noted in a comment to the national Uniform Trust Code (the “UTC”), “the overall objective of these [modification and termination] sections is to enhance flexibility consistent with the principle that preserving the settlor’s intent is paramount.” Given such factors as the increased use of trusts in recent years (including trusts created by non-lawyers and lawyers who do not specialize in estate planning); the …

Spendthrift And Discretionary Trusts: Alive And Well Under The Uniform Trust Code, Alan Newman

Akron Law Faculty Publications

Spendthrift and Discretionary Trusts: Alive and Well under the Uniform Trust Code

Among the provisions of the Uniform Trust Code (“UTC” or the “Code”) that have attracted the most attention are those of Article 5: Creditor’s Claims; Spendthrift and Discretionary Trusts. Although much of the UTC is a codification of the common law of trusts, there are many differences among the states in their handling of various creditors’ rights issues, and many jurisdictions have no law on some of those issues. As a result, there is no well-accepted, established common law on some of the issues addressed by Article 5. …

No-Fault Death: Wedding Inheritance Rights To Family Values, Linda Kelly Hill

Kentucky Law Journal

No abstract provided.

Perpetual Trusts And The Settlor's Intent, Joshua C. Tate

Faculty Journal Articles and Book Chapters

In recent years, a number of American states have abolished the Rule Against Perpetuities, allowing for the creation of perpetual dynasty trusts. Some scholars have suggested that these states should also pass statutes making it easier for beneficiaries and trustees to undo a perpetual dynasty trust after the settlor has died. This article makes use of a novel source of empirical evidence - websites created by estate planners to entice clients to set up dynasty trusts - to show that settlors' goals would be frustrated by the proposed legislation.