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Articles 61 - 76 of 76
Full-Text Articles in Estates and Trusts
The Emergence Of A General Reformation Doctrine For Wills, Lawrence W. Waggoner, John H. Langbein
The Emergence Of A General Reformation Doctrine For Wills, Lawrence W. Waggoner, John H. Langbein
Articles
In this article, which both summarizes and updates an extensively footnoted article published last year ("Reformation of Wills on the Ground of Mistake: Change of Direction in American Law?" 130 University of Pennsylvania Law Rmiew 521 (1982)), we report on this new case law and discuss the analytic framework that we think it suggests and requires.
Reformation Of Wills On The Ground Of Mistake: Change Of Direction In American Law?, John H. Langbein, Lawrence W. Waggoner
Reformation Of Wills On The Ground Of Mistake: Change Of Direction In American Law?, John H. Langbein, Lawrence W. Waggoner
Articles
Although it has been "axiomatic" that our courts do not entertain suits to reform wills on the ground of mistake, appellate courts in California, New Jersey, and New York have decided cases within the last five years that may presage the abandonment of the ancient "no-reformation" rule. The new cases do not purport to make this fundamental doctrinal change, although the California Court of Appeal in Estate of Taff and the New Jersey Supreme Court in Engle v. Siegel did expressly disclaim a related rule, sometimes called the "plain meaning" rule. That rule, which hereafter we will call the "no-extrinsic-evidence …
Current Problems Facing The Executor Taking The Section 2053 Estate Tax Deduction, Jay D. Christiansen
Current Problems Facing The Executor Taking The Section 2053 Estate Tax Deduction, Jay D. Christiansen
Vanderbilt Law Review
Section 2053 of the Internal Revenue Code allows the executor to deduct from the gross estate amounts attributable to expenses, indebtedness, and taxes. This Note will examine problems currently confronting an executor who is attempting to utilize the 2053 deduction. The first problem examined in this Note is the conflict in the federal courts of appeals regarding the deductibility of expenses incurred as a result of a sale of decedent's property. The statute,cases, and regulations in this area will be examined, and a suggested approach for the executor encountering this problem will be provided. The second problem considered is the …
The New York Law Of Interstate Succession Compared With The Uniform Probate Code: Where There's No Will There's A Way, Julian R. Kossow
The New York Law Of Interstate Succession Compared With The Uniform Probate Code: Where There's No Will There's A Way, Julian R. Kossow
Fordham Urban Law Journal
The purpose of this Article is to analyze, compare, and contrast New York’s law of intestacy with that of the Uniform Probate Code (Code). The Article may serve as a basis for estimating the impact on existing concepts of descent and distribution should New York adopt the Code. It addresses itself to the law of intestate succession, delves into present New York law on the subject, examines corresponding sections of the Code, analyzes the differences, and arrives at an evaluation of the benefits and detriments that adoption of the Code would bring. The final analysis reveals that, on balance, the …
Uniformity In State Inheritance Laws: How Upc Article Ii Has Fared In Nine Enactments, Richard V. Wellman, James W. Gordon
Uniformity In State Inheritance Laws: How Upc Article Ii Has Fared In Nine Enactments, Richard V. Wellman, James W. Gordon
Faculty Scholarship
The Uniform Probate Code was drafted to facilitate modernization, simplification, and uniformity of state inheritance laws. Since its approval by the National Conference of Commissioners on Uniform State Laws and by the American Bar Association in August 1969, the Code has been enacted in various forms by 11 states. In this Article, the Authors analyze significant deviations from the recommended version of article II in the first nine enactments of the UPC. The Authors argue that all but exceptionally meritorious changes in enacted versions of the UPC should give way to the goal of state uniformity in inheritance laws, and …
Flexibility, The Uniform Probate Code's Procedural Article And Some Comparisons With Kentucky Statutes, James W. Gordon
Flexibility, The Uniform Probate Code's Procedural Article And Some Comparisons With Kentucky Statutes, James W. Gordon
Faculty Scholarship
The present state of the law in America governing the succession to decedents' estates is badly in need of reform. There is a growing awareness of the inadequacy of present probate procedure even among ordinary citizens unschooled in the law. The public awareness of the problems of probate and its demand for reform are apparent from the spate of articles and books which have dealt with probate "pains" and methods for avoiding them. This demand and the efforts of reform-minded scholars have culminated in a proposed solution--the Uniform Probate Code (UPC). This Author argues that the probate scheme of the …
Contracts Not To Revoke Joint Or Mutual Wills
Contracts Not To Revoke Joint Or Mutual Wills
William & Mary Law Review
No abstract provided.
The Impact Of The Uniform Probate Code On Court Structure, Ralph P. Dupont
The Impact Of The Uniform Probate Code On Court Structure, Ralph P. Dupont
University of Michigan Journal of Law Reform
After considering the present pattern of probate court structure in the United States, this article considers the need for probate court reform as reflected in the deficiencies of the present system. It further indicates that a realistic choice of court structure by legislatures will ultimately be made from among three options: (1) to enlarge the jurisdiction of the present probate court of the state more nearly to approximate the form currently obtaining in several states; (2) to appoint a new body of probate judges and thus create an entirely new court; and (3) to enlarge the jurisdiction of the present …
Joint, Totten Trust And P.O.D. Bank Accounts: Virginia Law Compared To The Uniform Probate Code, J. Rodney Johnson
Joint, Totten Trust And P.O.D. Bank Accounts: Virginia Law Compared To The Uniform Probate Code, J. Rodney Johnson
Law Faculty Publications
Litigation involving the survivorship rights of parties to joint accounts has been before the Supreme Court of Virginia on ten occasions since 1955. These ten cases, plus one older one, constitute all of Virginia's case law on this subject. Instead of attempting a chronological analysis of the development of this case law, it is proposed to state such rules as now exist and compare them with the results that would be obtained under the new Uniform Probate Code. In addition, attention will be focused on the statutes that deal with the rights of parties and financial institutions in deposit accounts …
Multiple-Party Bank Accounts Under The Uniform Probate Code, J. Rodney Johnson
Multiple-Party Bank Accounts Under The Uniform Probate Code, J. Rodney Johnson
Law Faculty Publications
Although this article is intended as a summary of the Uniform Probate Code's provisions in the area of multiple-party accounts. it may be at least sufficient to suggest the much-needed certainty and uniformity which the UPC will bring to a confused and confusing area of the law. The beneficiaries of this advance will be the public, who will have another alternative to probate in appropriate cases, and financial institutions, who will have another service to market. For these reasons it is suggested that the banking community will want to lend its enthusiastic support when the UPC is introduced into any …
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 …
Uniform Probate Code--Illegitimacy--Inheritance And The Illegitimate: A Model For Probate Reform, Michigan Law Review
Uniform Probate Code--Illegitimacy--Inheritance And The Illegitimate: A Model For Probate Reform, Michigan Law Review
Michigan Law Review
The Uniform Probate Code (Code), which was approved by the American Bar Association in August 1969, deals with the problem of inheritance by illegitimates both with regard to intestate succession-section 2-109-and also with regard to the construction of a bequest to "children" by will-section 2-611. This Note will examine the issue whether the Code, which presents a comprehensive model for probate reform, deals with the problem of inheritance by illegitimates in an appropriate, desirable, and constitutional manner. The Code provisions concerning illegitimacy relate to many other provisions of the Code in which childhood status is relevant; therefore, it will be …
Intestate Succession Under The Uniform Probate Code, Thomas J. Mulder
Intestate Succession Under The Uniform Probate Code, Thomas J. Mulder
University of Michigan Journal of Law Reform
The pervasive social policy underlying the Anglo-American law on succession of property at death is freedom of testation. Our law makes meaningful one's right to decide who shall inherit his property by providing a legal instrument, the will, to distribute property to chosen recipients. When a man dies without having exercised this right, however, the laws of intestate succession determine who shall receive his property, and in what shares it shall be received. In effect, the laws of intestate succession are an estate plan written for the decedent by his state legislature. These laws do not function as a restriction …
Informal Proceedings Under The Uniform Probate Code: Notice And Due Process, Roger A. Manlin, Richard A. Martens
Informal Proceedings Under The Uniform Probate Code: Notice And Due Process, Roger A. Manlin, Richard A. Martens
University of Michigan Journal of Law Reform
The Uniform Probate Code's formal procedures, which require that notice be mailed or be personally delivered to interested parties prior to any formal proceeding, seem to offer little difficulty in terms of due process. However, the Uniform Probate Code's informal procedures, insofar as they encompass no-notice proceedings, have suffered some criticism." It is the purpose of this article to respond to these criticisms, and to demonstrate that the informal procedures of the Code as accepted by the National Conference of Commissioners on Uniform State Laws do in fact offer all interested persons adequate protection of their interests in an estate …
The Uniform Probate Code: A Possible Answer To Probate Avoidance, Richard V. Wellman
The Uniform Probate Code: A Possible Answer To Probate Avoidance, Richard V. Wellman
Indiana Law Journal
No abstract provided.
The Uniform Probate Code And The International Will, William F. Fratcher
The Uniform Probate Code And The International Will, William F. Fratcher
Michigan Law Review
Emily Graham left her assets in England when she married a French naval officer and went to France to live with him. After her husband died, Emily announced that she was returning to England for the rest of her life and bundled her children and baggage aboard a channel ferry. Before the ferry cleared French waters she became ill and was taken ashore at another French port. While waiting impatiently to recover sufficiently for a final return to England, Emily executed a will of her English assets in the form prescribed by English law, that is, in writing, signed by …