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Erisa Defined Benefit Plans Are Not "Trust" Worthy, Stewart E. Sterk 2021 Benjamin N. Cardozo School of Law

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

Articles

No abstract provided.


Fraudulent Transfers: Void And Voidable, David G. Carlson 2021 Benjamin N. Cardozo School of Law

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 …


Custom Of The Country: Trust And Marriage Planning In High-Wealth Families, Allison Anna Tait 2021 University of Richmond - School of Law

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 …


Keeping Current - Probate [Notes], Claire Hargrove, Paula Moore, Kerri G. Nipp, William P. LaPiana 2021 New York Law School

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

Articles & Chapters

No abstract provided.


Legal Complications Of Repatriation At The British Museum, Hannah R. Godwin 2020 University of Washington School of Law

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 2020 Mercer University School of Law

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 2020 Singapore Management University

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 2020 University of Richmond

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 2020 Seattle University School of Law

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 2020 Singapore Management University

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 2020 Louisiana State University Law Center

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.


Table Of Contents, Seattle University Law Review 2020 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


Estate Planning Choice Of Wealth Management Entity: The Limited Partnership As An Alternative To The Trust, Elaine H. Gagliardi 2020 Alexander Blewett III School of Law at the University of Montana

Estate Planning Choice Of Wealth Management Entity: The Limited Partnership As An Alternative To The Trust, Elaine H. Gagliardi

Faculty Law Review Articles

The substantial and steady increases in the amount a taxpayer can transfer free of federal estate, gift, and generation skipping transfer taxes1 makes transfer tax planning irrelevant when counseling more than 99.9% of Americans.2 Traditional estate planning structures set in place at a time when the estate tax impacted many more Americans may no longer achieve a client’s current estate planning goals. The seismic shift in the estate planning paradigm requires estate planners rethink use of planning structures in light of shifting client objectives. Evaluated in terms of these shifting objectives, the limited partnership may prove just as nimble as …


Exclusion Of Duty And The Irreducible Core Content Of Trusteeship: A Re-Assessment, Rebecca LEE, Man YIP 2020 Singapore Management University, School of Law

Exclusion Of Duty And The Irreducible Core Content Of Trusteeship: A Re-Assessment, Rebecca Lee, Man Yip

Research Collection Yong Pung How School Of Law

This article reviews Millett LJ’s classic characterisation of the irreducible core content of trusteeship. Using duty modification / exclusion clauses that are commonly found in modern trust-corporate structures to circumvent a trustee’s duty to actively engage in corporate management as an example, this article has two main objectives. First, this article re-examines the duty to act honestly and in good faith in the irreducible core; and secondly, it considers how our reanalysis can help conceptualise and construe the ‘residual supervisory obligation’ enunciated by the courts in the recent Zhang v DBS litigation.


Community-Driven Climate Solutions: How Public-Private Partnerships With Land Trusts Can Advance Climate Action, Jessica Grannis 2020 William & Mary Law School

Community-Driven Climate Solutions: How Public-Private Partnerships With Land Trusts Can Advance Climate Action, Jessica Grannis

William & Mary Environmental Law and Policy Review

In 2018 and 2019, several landmark developments demonstrated the failings of past efforts to address climate change and the need for new and more ambitious solutions. In October 2018, the Intergovernmental Panel on Climate Change (“IPCC”) released a dire report indicating that the window is rapidly closing for countries to dramatically reduce emissions in order to avoid the worst consequences of climate change and predicting dramatic consequences to the environment and public health if countries fail to take action; young activists started taking to the streets to demand more ambitious action to address climate change; and, at the 25th Conference …


Kaestner Fails: The Way Forward, Mitchell M. Gans 2020 William & Mary Law School

Kaestner Fails: The Way Forward, Mitchell M. Gans

William & Mary Business Law Review

This past term, the Supreme Court applied the Due Process Clause to prevent the states from closing down a tax strategy that employs out-of-state trusts. Many had hoped that the case would serve as a vehicle for the Court to overrule taxpayer-friendly precedents that make the strategy possible. But it failed. The question that emerges is whether the decision leaves the states with a path to address the strategy and thereby prevent it from being used to exacerbate issues of inequality. After examining the decision, this Article considers the options available to the states and then suggests a way forward.


Basis And Bargain Sales: Income Tax And Other Concerns, Bridget J. Crawford, Jonathan G. Blattmachr 2020 Elisabeth Haub School of Law at Pace University

Basis And Bargain Sales: Income Tax And Other Concerns, Bridget J. Crawford, Jonathan G. Blattmachr

Elisabeth Haub School of Law Faculty Publications

In this article, the authors explain the income tax consequences of the sale during lifetime and at death of property for less than fair market value. The authors focus in particular on the tax consequences of a bargain sale by a transferor who wishes to confer some financial benefit on a family member, but leave the rest of her estate to charity. Generally speaking, death-time bargain sales may be preferable to similar transactions during lifetime, if the assets have a low basis pre-death, because of the step up in income tax basis under section 1014. The authors also discuss in …


Blockchain Wills, Bridget J. Crawford 2020 Elisabeth Haub School of Law at Pace University

Blockchain Wills, Bridget J. Crawford

Elisabeth Haub School of Law Faculty Publications

Blockchain technology has the potential to radically alter the way that people have executed wills for centuries. This Article makes two principal claims--one descriptive and the other normative. Descriptively, this Article suggests that traditional wills formalities have been relaxed to the point that they no longer serve the cautionary, protective, evidentiary, and channeling functions that scholars have used to justify strict compliance with wills formalities. Widespread use of digital technology in everyday communications has led to several notable cases in which individuals have attempted to execute wills electronically. These wills have had a mixed reception. Four states currently recognize electronic …


Empirical Inheritance Law, Alexander Boni-Saenz 2020 Chicago-Kent College of Law

Empirical Inheritance Law, Alexander Boni-Saenz

All Faculty Scholarship

Empirical legal scholars tell it like it is. The nature of the “it” that we might want to know about varies significantly by legal field, however, and it also differs based on one’s scholarly position within that field. This Comment explores the major ways that empirical legal scholarship can be valuable to those of us working on normative or theoretical legal scholarship in inheritance law.


Parens Patriae And The Disinherited Child, Michael J. Higdon 2020 University of Tennessee - Knoxville

Parens Patriae And The Disinherited Child, Michael J. Higdon

Washington Law Review

Most countries have safeguards in place to protect children from disinheritance. The United States is not one of them. Since its founding, America has clung tightly to the ideal of testamentary freedom, refusing to erect any barriers to a testator’s ability to disinherit his or her children—regardless of the child’s age or financial needs. Over the years, however, disinheritance has become more common given the evolving American family, specifically the increased incidences of divorce, remarriage, and cohabitation. Critics of the American approach have offered up reforms based largely on the two models currently employed by other countries: (1) the forced …


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