Estates and Trusts Commons^™

Study On The Compliance Of Islamic Investment Funds With The Provisions Of Islamic Law (Sharia) Within The Framework Of French Legislation, Rasha Hattab

UAEU Law Journal

The religious nature of Islamic investment funds distinguishes them from the traditional ones by making their assets credible for Muslims investors on the one hand, and, on the other hand, obligating the Investment Services Providers to reassure investors about their effective religious compliance which constitutes a real challenge in the Occidental Countries. In this study, dedicated to the control of compliance of the Islamic Investment Funds with the Islamic Sharia in France, we will devote the first section for discussing the means of this control and simultaneously the role that the Sharia Supervisory Board could play in ensuring its effectiveness. …

The Law Of Trusts And Collective Action: A New Approach To Property Deadlocks, Amnon Lehavi

University of Cincinnati Law Review

This Article identifies the key role that trust law can play in resolving collective action problems pertaining to assets with multiple stakeholders. Devising a multi-beneficiary trust may serve as an effective institutional alternative, when the direct governance of an asset by its co-owners reaches a deadlock, and the partition of the asset among them is either impractical or inefficient.

The Article examines various case studies in which property may become deadlocked among multiple stakeholders, featuring either commons or anticommons problems. In the case of land, the need to assemble land from multiple owners for (re)development, or the task of governing …

How To Sue An Asue? Closing The Racial Wealth Gap Through The Transplantation Of A Cultural Institution, Cyril A.L. Heron

Michigan Journal of Race and Law

Asues, academically known as Rotating Savings and Credit Associations (or ROSCAs for short), are informal cultural institutions that are prominent in developing countries across the globe. Their utilization in those countries provide rural and ostracized communities with a means to save money and invest in the community simultaneously. Adoption of the asue into the United States could serve as the foundation by which to close the racial wealth gap. Notwithstanding the benefits, wholesale adoption of any asue model runs the risk of cultural rejection because the institution is foreign to the African American community.

Drawing upon principles of cultural and …

Recent Amendments To The Interim Real Estate Registery Of The Emirate Of Dubai (Its Effects On The Legal Characterization In Off Plan Sale Contracts)

UAEU Law Journal

RECENT AMENDMENTS TO THE INTERIM REAL ESTATE REGISTERY OF THE EMIRATE OF DUBAI (ITS EFFECTS ON THE LEGAL CHARACTERIZATION

IN OFF PLAN SALE CONTRACTS)

Dr. Yasser Al-Iftihat

Associate Professor of Civil Law College of Law, Al Ghurair University, United Arab Emirates

Abstract: The research discusses the regulations of selling off plan real estate units as stated on the Emirate of Dubai by the legislator who has regulated and imposed the subsequent amendments to the law in order to face the most significant challenge in the field of real estate development in the Emirate of Dubai, where distinguishes the real estate …

Erisa Defined Benefit Plans Are Not "Trust"Worthy, Stewart E. Sterk

William & Mary Law Review Online

What role does the common law of trusts play in policing investment decisions made in the context of a defined-benefit retirement plan governed by ERISA? That issue, among others, divided the Supreme Court this past term in Thole v. U.S. Bank N.A. The Court’s majority decided the case by holding that plan beneficiaries had no Article III standing to challenge allegedly self-interested investment decisions made by the plan’s sponsor and administrator. Because the Court grounded its decision in constitutional standing, Congress would be powerless to confer standing on plan beneficiaries without also amending the substantive rights accorded those beneficiaries. This …

“Champion Man-Hater Of All Time”: Feminism, Insanity, And Property Rights In 1940s America, Magdalene Zier

Michigan Journal of Gender & Law

Legions of law students in property or trusts and estates courses have studied the will dispute, In re Strittmater’s Estate. The cases, casebooks, and treatises that cite Strittmater present the 1947 decision from New Jersey’s highest court as a model of the “insane delusion” doctrine. Readers learn that snubbed relatives successfully invalidated Louisa Strittmater’s will, which left her estate to the Equal Rights Amendment campaign, by convincing the court that her radical views on gender equality amounted to insanity and, thus, testamentary incapacity. By failing to provide any commentary or context on this overt sexism, these sources affirm the …

The Role Of Trust Law Principles In Defining Public Trust Duties For Natural Resources, John C. Dernbach

University of Michigan Journal of Law Reform

Public trusts for natural resources incorporate both limits and duties on governments in their stewardship of those natural resources. They exist in every state in the United States—in constitutional provisions, statutes, and in common law. Yet the law recognizing public trusts for natural resources may contain only the most basic provisions—often just a sentence or two. The purpose and terms of these public trusts certainly answer some questions about the limits and duties of trustees, but they do not answer all questions. When questions arise that the body of law creating or recognizing a public trust for natural resources does …

Wills Formalities In Post-Pandemic World: A Research Agenda, Bridget J. Crawford, Kelly Purser, Tina Cockburn

Elisabeth Haub School of Law Faculty Publications

The COVID-19 global pandemic has brought new focus to human mortality. The virus has reminded many people that they need to have a valid will or otherwise make plans for the effective transmission of their property on death. Yet stay-at-home orders and social distancing recommendations make it difficult or impossible to comply with the traditional rules for validly executing wills. Across most common law jurisdictions, the traditional requirements call for two witnesses in the physical presence of the testator. Because of the practical difficulties of safely executing documents during the pandemic with witnesses assembled in physical proximity, many jurisdictions internationally …

The Unconstitutionality Of State Bans On Marriage Between First Cousins, Rachel Frommer

Cardozo Law Review de•novo

A majority of jurisdictions in the United States severely limit or prohibit the right of first cousins to marry, cohabit, or have intercourse. Yet, unlike regulation of other relationships within close degrees of consanguinity, for instance between parents and children or siblings, these statutes are relatively recent additions to the marriage regulation landscape. These bans are unsupported by the commonly-cited concerns of harmful genetic or societal consequences. First cousin-marriages are, instead, popular and permitted in much of the world—as they once were in the United States. This Article demonstrates that the prohibitions against first-cousin marriages directly contravene right-to-marry jurisprudence and …

These Are A Few Of My Least Favorite Things, Richard C. Ausness

Law Faculty Scholarly Articles

The Uniform Probate Code ("UPC") can trace its origins back to a Model Probate Code promulgated by the American Bar Association ("ABA")'s section on Real Property, Probate, and Trust Law in 1946. In 1962, the Section on Real Property, Probate, and Trust Law, along with National Conference of Commissioners on Uniform State Laws began work on what was to become the original UPC. The National Conferences and the ABA's House of Delegates approved the UPC in 1969.

The 1969 UPC was an attempt to modernize some of the traditional rules and provide a degree of uniformity for the American law …

An Estate Plan For Kanye West, Thomas Simmons

Faculty Publications

One inventory item in megastar Kanye West’s vast portfolio of assets merits a unique sort of care and safeguarding—his right of publicity. The right of publicity is a property interest which represents the commercial value of a celebrity’s name, image, and likeness. In some states, including California, the right survives the celebrity’s death and is freely alienable and devisable. A protective arrangement, such as a trust, is often pursued to impose postmortem use and transferability restrictions on property that has particular importance to the testator. This Article proposes a noncharitable purpose trust as a means by which Kanye West’s right …

Keeping It In The Family: The Pitfalls Of Naming A Family Member As A Trustee, Richard C. Ausness

Law Faculty Scholarly Articles

This article is concerned with trusts in which either the settlor, trustee, or beneficiaries are members of the same family. For example, the settlors may be the parents, grandparents, or other relatives of the trust beneficiaries. Trustees may be settlors, parents of the beneficiaries, children of the settlor, and other family members, while beneficiaries may include either the settlor, the settlor's spouse, children, grandchildren, or other relatives of the settlor. These persons will be referred to as "family members."

Virtually all family members have disagreements with other family members and sometimes these disagreements can destroy relationships and even lead to …

Maintaining Client Privacy In An Increasingly Public World, Anne-Marie E. Rhodes, Mel M. Justak

Faculty Publications & Other Works

Individuals have long been interested in protecting their private family and financial matters from broad public disclosure. Motives vary, of course, but can range from safety concerns to saving certain family members from public embarrassment that could jeopardize future busi­ ness and social opportunities. 1 While motives may have changed little over time, the urgency to protect privacy is more pronounced in today's world.2 For example, 100 years ago the primary vehicle for wide dissemi­ nation of news - including a family's or individual's private matters - was newspapers. While disclosure through this medium could certainly be embarrassing, the disclosure …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Let The Author Do The Talking: Why Wyoming’S Holographic Will Statute Does Not Currently Give The Testator Final Say, Birney Brayton, Krystle Somers

Wyoming Law Review

No abstract provided.

Fraudulent Transfers: Void And Voidable, David G. Carlson

Articles

This Article explores the civil procedure attendant to private fraudulent transfer litigation (primarily outside the context of bankruptcy). In such litigation, courts ponder whether fraudulent transfers are void or voidable. In fact, they are both simultaneously! According to the theory "at law," a fraudulent transfer is "void." That is, a creditor with a judgment could simply levy the property from a fraudulent grantee as if the grantee had no property rights. This Article questions the constitutional viability of this ancient attitude. Meanwhile, "equity" viewed the transfer as voidable. The grantee gets title, but the title might be set aside. The …

Funeral Poverty, Victoria J. Haneman

University of Richmond Law Review

This Article makes a unique contribution to the literature by drawing attention to the financial burden of death service being shouldered by those who are “relatively poor,” or those for whom everyday life may be a financial struggle. The thesis is equal parts positive, normative, descriptive, and prescriptive: it is imperative that options be made available to transition human remains in a way that does not exacerbate cycles of poverty and allows for the living to preserve dignity. This need calls for important changes to existing legal structures, including modernization of consumer protection regulation, change to laws regulating the death …

Erisa Defined Benefit Plans Are Not "Trust" Worthy, Stewart E. Sterk

Articles

No abstract provided.

Custom Of The Country: Trust And Marriage Planning In High-Wealth Families, Allison Anna Tait

Law Faculty Publications

That marriage has always been a property arrangement in some form or another – particularly for those families and couples with property to arrange – is a truism. It is a truism because marriage has significant property implications for the intended spouses, with the result that financial planning around marriage is both a historical and continuing reality, despite changes in the social and economic norms governing marriage. Moreover, the wealth management industry has, past and present, trained its eye and its expertise on marriage planning as part of a family’s larger wealth planning, offering services and products to help mitigate …

Hong Kong Small House Policy: Modernity, Crisis, Morality & Policies For Repair, Conor J. Hyatt

Cardozo International & Comparative Law Review

The note critiques Hong Kong's Small House Policy (SHP), arguing that it is unconstitutional and perpetuates inequality by granting exclusive housing rights to male indigenous villagers, while failing to address the city's severe housing crisis. The policy discriminates based on gender, ethnicity, and class, violating the Basic Law and the Hong Kong Bill of Rights. The author contends that the SHP is outdated, unsustainable, and contributes to fraudulent practices, urging its replacement with a more equitable housing system.

Wills & Trusts, Gerry W. Beyer

SMU Annual Texas Survey

This article is a survey of the relevant developments in law of wills and trusts from December 1, 2019, through November 30, 2020. The article focuses on law likely to be influential to Texas practitioners.

Keeping Current - Probate [Notes], Claire Hargrove, Paula Moore, Kerri G. Nipp, William P. Lapiana

Articles & Chapters

No abstract provided.

Heirs Property In Georgia: Common Issues, Current State Of The Law, And Further Solutions, Caitlin Henderson

Georgia Law Review

In Georgia, real property passes through an intestate estate
in the form of heirs property. Under this system, heirs share
ownership of the property as tenants in common. This form of
ownership poses several obstacles to realizing the land’s full
potential and, in certain circumstances, courts will partition
the property in forced sales or will physically divide the
property among the heirs. Heirs property and its accompanying
problems are particularly common in Georgia due to strict
policies concerning will execution formalities. Georgia and the
U.S. Congress have attempted to cure the problems associated
with heirs property through the adoption of …

Legal Complications Of Repatriation At The British Museum, Hannah R. Godwin

Washington International Law Journal

The British Museum has been the target of criticism around the world for its failure to repatriate controversial cultural property to their respective countries of origin. In 1753, a private collector left his collection to Great Britain if it agreed to build a public museum and designate a Board of Trustees whose duty was to protect the collection for the public. Statutorily incorporating the collector’s intent, Parliament passed legislation binding the Board of Trustees to abide by certain principles, including preserving the collection and prohibiting disposal of objects, except in very few circumstances. As such, the Museum is administrated through …

Wills, Trusts, Guardianships, And Fiduciary Administration, Mary F. Radford

Mercer Law Review

This Article describes significant cases decided by the Georgia Court of Appeals during the period of June 1, 2020, through May 31, 2019, that pertain to Georgia fiduciary law and estate planning. Due to the COVID-19 pandemic, the Georgia General Assembly suspended its 2020 session and thus no significant legislation was enacted during the reporting period. This report does however discuss relevant legislation that was pending during the reporting period and describes the Governor’s Order issued in April 2020 that permitted remote notarization and witnessing of estate planning documents during the pandemic.

Trusts And Jurisdiction Clauses - Crociani Revisited: Ivanishvili, Bidzina And Others V Credit Suisse Trust Ltd [2020] Sgca 62, Kian Peng Soh

Research Collection Yong Pung How School Of Law

In the recent Singapore Court of Appeal decision of Ivanishvili, Bidzina and others v Credit Suisse Trust Ltd, the court analysed the effect of a forum administration clause in the trust context, holding that while the clause in question was a jurisdiction clause, it was not an exclusive jurisdiction clause governing the dispute between the trustees and beneficiaries.

Wills, Trusts, And Estates, J. William Gray Jr., Katherine E. Ramsey

University of Richmond Law Review

The 2020 Virginia General Assembly addressed a wide variety of matters affecting wills, trusts, and estates, ranging from a new article of the Virginia Uniform Trust Code and an expanded partition procedure to a $2 increase in the circuit court clerk’s recordation fees. Among the most helpful were new rules that clarify and expand the powers and responsibilities of non-trustees who may direct the trustee on certain issues and a revised procedure for partitioning real property while protecting the rights and interests of co-owners. The legislature also dealt with fiduciary issues, including express authorization for multiple-party bank accounts, additional duties …

Enough Is As Good As A Feast, Noah C. Chauvin

Seattle University Law Review

Ipse Dixit, the podcast on legal scholarship, provides a valuable service to the legal community and particularly to the legal academy. The podcast’s hosts skillfully interview guests about their legal and law-related scholarship, helping those guests communicate their ideas clearly and concisely. In this review essay, I argue that Ipse Dixit has made a major contribution to legal scholarship by demonstrating in its interview episodes that law review articles are neither the only nor the best way of communicating scholarly ideas. This contribution should be considered “scholarship,” because one of the primary goals of scholarship is to communicate new ideas.

Equity And Trusts, Hang Wu Tang, Yong Seng Tay

Research Collection Yong Pung How School Of Law

Jocelyn Rita d/o Lawrence Stanley v Tan Gark Chong1 (“Jocelyn Rita v Tan Gark Chong”) is an example of an attempt to set aside a trust deed in the wake of BOM v BOK. 2 This case takes place in the context of a husband and wife relationship.

Fiduciary Litigation In Louisiana: Mandataries, Succession Representatives, And Trustees, Elizabeth R. Carter

Louisiana Law Review

The article discusses fiduciary relationships and litigation issues on the estate-planning setting in Louisiana, as well as the roles of mandataries, trustees, and succession representatives.