Estates and Trusts Commons^™

Wills, Trusts And Estates (Annual Survey Of Virginia Law, 1985-86), J. Rodney Johnson

Law Faculty Publications

The 1986 session of the General Assembly passed eight bills dealing with wills, trusts, and estates. In addition to this legislation, there were four cases from the Virginia Supreme Court and one case from the Fourth Circuit Court of Appeals during the past year that involved issues of interest to both the general practitioner and the specialist in wills, trusts, and estates. This article reviews all of these legislative and judicial developments. In order to facilitate the discussion of numerous Virginia Code sections they will be referred to in the text by their section numbers only. These section numbers will …

Why You Need A Will - A Pamphlet That Explains The Need To A Layperson, J. Rodney Johnson

Law Faculty Publications

The education of clients and potential clients is an essential cornerstone to the practice of preventive law. A valuable tool that can be used in such education is printed material that explains, in approach and language that can be understood easily by laypersons, the how's and why's of the legal system.

The following material by Professor Johnson is an excellent example of the type of material a firm could prepare for distribution to its clients or potential clients. Obviously, this material is presented merely as an example, and each such pamphlet, of course, would have to be tailored to the …

Kentucky Law Survey: Property, Carolyn S. Bratt

Law Faculty Scholarly Articles

Law students, and probably practitioners, are often perplexed by the multitude of topics covered under the rubric of property law. Unfortunately, this Survey article does nothing to dispel the impression of property law as a hodgepodge of unrelated topics. This Survey of recent decisions in Kentucky discusses topics ranging literally from "a" to "z"-adverse possession to zoning.

Wills, Trusts And Estates (Annual Survey Of Virginia Law, 1984-85), J. Rodney Johnson

Law Faculty Publications

The 1985 session of the General Assembly passed a number of bills dealing with wills, trusts, and estates, many of which resulted from the continuing law reform efforts of the Virginia Bar Association's Committee on Wills, Trusts and Estates. In addition to this legislation, the Virginia Supreme Court decided six cases during the past year that involved issues of interest to both the general practitioner and the specialist in wills and trusts. This article reviews all of these legislative and judicial developments. In order to facilitate the discussion of numerous code sections, they will be ref erred to in the …

Symposium: The Winds Of Change In Wills, Trusts, And Estate Planning Law, Law Review Editor

Vanderbilt Law Review

The articles in this Symposium illustrate three different aspects of change. The essay by Professor Fellows provides an analysis and criticism of one very important change, the trend toward the use of a legislative rather than judicial forum to create new law. In the second article, Professor Rein discusses adoption and proposes a mechanism by which the laws of succession can be modernized better to reflect the social phenomenon of adoption,whether of children or adults, legal or equitable. Professor Miller and Mr. Rainey in their article examine the premises that have prompted the increasing use of a revocable trust rather …

The Winds Of Change In Wills, Trusts, And Estate Planning Law, The Editor

Vanderbilt Law Review

The articles in this Symposium illustrate three different aspects of change. The essay by Professor Fellows provides an analysis and criticism of one very important change, the trend toward the use of a legislative rather than judicial forum to create new law. In the second article, Professor Rein discusses adoption and proposes a mechanism by which the laws of succession can be modernized better to reflect the social phenomenon of adoption,whether of children or adults, legal or equitable. Professor Miller and Mr. Rainey in their article examine the premises that have prompted the increasing use of a revocable trust rather …

Contrasting Sources: Court Rolls And Settlements As Evidence Of Hereditary Transmission Of Land Amongst Small Landowners In Early Modern England, Lloyd Bonfield

Articles & Chapters

No abstract provided.

Law Reform – Suggested Revisions To Virginia's Wills Statutes: Part 2, John E. Donaldson

Popular Media

No abstract provided.

Law Reform – Suggested Revisions To Virginia's Wills Statutes: Part 1, John E. Donaldson

Popular Media

No abstract provided.

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.

Wills-Execution, John J. Burns

Duquesne Law Review

The Pennysylvania Supreme Court has held that a signature by a decedent on the portion of a printed will form that is normally used to identify the document when properly folded does not satisfy the statutory requirement that a will be signed at the end thereof.

In re Estate of Proley, 492 Pa. 57, 422 A.2d 136 (1980).

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 …

Wills, Trusts, And Estates, Twenty-Sixth Annual Survey Of Developments In Virginia Law, J. Rodney Johnson

Law Faculty Publications

The Virginia General Assembly continued its increased legislative activity in the area of wills, trusts, and estates during the past year by passing three major acts: Exempt Property and Allowances; Acts Barring Property Rights; and the Virginia Small Estate Act. In addition to these major bills, seven additional acts enacted by the General Assembly and four cases decided by the Supreme Court of Virginia involved issues important to both the general practitioner and the specialist in wills and trusts. This article reviews these legislative and judicial developments, with emphasis on the three most important legislative enactments.

The Danger Of Retaining A Will: A Virginia View, J. Rodney Johnson

Law Faculty Publications

The majority of American jurisdictions still continue the original common law concept of a statute of limitations that begins to run immediately upon the commission of a wrong, as contrasted with the more modern rule that a statute of limitations will not begin until such time as the injured party actually discovers the injury or, in the exercise of due diligence, should have discovered the injury. Those jurisdictions adopting the modern approach disregard what they refer to as the "technical" approach of the common law rule in order to focus on more fundamental concepts of justice instead. The issue, as …

Arkansas And The Uniform Probate Code: Some Issues And Answers, Richard V. Wellman

University of Arkansas at Little Rock Law Review

No abstract provided.

Living Probate: The Conservatorship Model, John H. Langbein

Michigan Law Review

The main purpose of the present Article is to suggest a somewhat different theoretical and practical approach to structuring the living probate procedure. I shall characterize the procedure called for in the North Dakota act and in similar proposals as the Contest Model of living probate, in distinction to a Conservatorship Model that I shall advocate to be the better way. Part I of this Article reviews briefly the problem to which living probate is addressed and the alternatives that can presently be employed to forestall post-mortem capacity litigation in the absence of a living probate system. In Part TI …

The Conservatorship Model: A Modification, Gregory S. Alexander

Michigan Law Review

Reform-minded probate lawyers have discussed the idea of ante-mortem probate for many years. Yet, owing to several seemingly unavoidable defects, it has never attracted widespread support · and only recently has been implemented anywhere in the United States. In his article, Living Probate: The Conservatorship Model, Professor John Langbein has eliminated many of those defects and has made the idea much more feasible. In doing so, he has contributed to the development of simple, convenient, and efficient systems of probate. However, his proposal introduces new flaws that threaten the practical working of his procedural model.

Giving Or Leaving--What Is A Will?, Olin L. Browder

Michigan Law Review

The question raised by the title of this essay should be essentially as simple as that: Do you want to give property, so that, having given it, it is no longer yours, or do you want to leave it behind at your death, directing who will receive it at that time? The statement of that issue suggests obvious differences in the consequences of inter vivos and testamentary dispositions. Most people also understand that a testamentary disposition invokes the elaborate machinery involved in the administration of a testator's estate, which confers special rights in the creditors and the spouse of the …

Living Wills--Need For Legal Recognition, James C. Turner

West Virginia Law Review

No abstract provided.

West Virginia And The Uniform Probate Code: An Overview Part Ii, Earl M. Curry Jr.

West Virginia Law Review

No abstract provided.

Wills--Implied Gifts Of Remainders, W. Richard Mccune Jr.

West Virginia Law Review

No abstract provided.

Real Property--Wills--Judicial Construction Of To A And His Children, Thomas R. Ross Ii

West Virginia Law Review

No abstract provided.

Wills - Future Interests - Determining The Class Of Heirs Following A Life Estate, Anne C. Reppert

West Virginia Law Review

No abstract provided.

Jarrett V. Mcreynolds: A New Era Of Wills Construction In Virginia?, Joseph E. Ulrich

Washington and Lee Law Review

No abstract provided.

The Time In Gap In Wills: Problems Under Georgia's Lapse Statutes, Verner F. Chaffin

Scholarly Works

The makeup of the class of beneficiaries and the composition of the property affected by a will may be substantially altered by events occurring after the execution of the will by the testator. Naturally, such alterations may materially disrupt the testamentary plan. Such changes in beneficiaries typically involve the application of the state's so-called lapse statutes. In his Article, Professor Chaffin explores the Georgia statutory scheme and the problems which have arisen thereunder. In a subsequent article to appear in this volume, he will investigate the effects of ademption and abatement of property passing under the will.

Dependent Relative Revocation And Its Relation To Relief For Mistake, George E. Palmer

Michigan Law Review

When an intended legal act is induced by mistake in the sense that it would not have occurred had the actor known the truth, the generally accepted method of analysis in our law is that the act is legally effective; the mistake becomes important only in determining whether it provides a ground for setting aside or rescinding the transaction. If a donor makes a gift while laboring under some fundamental mistake such as the identity of the donee or the donee's relationship to him, the gift is in the first instance effective, but the donor may be able to obtain …

How To Avoid Problems With Your Will, By Robert A. Farmer; Probate Can Be Quick And Cheap, By William F. Fratcher, William W. Oliver

Indiana Law Journal

No abstract provided.

Federal Estate Taxation - Charitable Transfer - Deductibility Of Certain Bequests - Estate Of Edna Allen Miller, 48 T . C. 251 (1967), Homer L. Elliott

William & Mary Law Review

No abstract provided.

Wills--Contingent, James Alan Harris

West Virginia Law Review

No abstract provided.

Trusts--"Pour-Over" From A Will To An Inter Vivos Trust Under Statute, James Edward Seibert

West Virginia Law Review

No abstract provided.