Estates and Trusts Commons^™

Black Deaths Should Matter, Too! Estate Planning As A Tool For Antiracists, Terrence M. Franklin

ACTEC Law Journal

No abstract provided.

The Nonfiduciary "Trust", Jeffrey Schoenblum

ACTEC Law Journal

This article identifies and details the emergence in an increasing number of states of a new trust law that rejects the fundamental tenets of traditional trust law. This alternative concept of the trust liberates the trustee from any meaningful accountability to the beneficiary, the very core concept of traditional trust law. In short, these states are enabling the creation of what might be described as a "nonfiduciary trust."

Modernizing Trusts And Estates: Introduction, Alyssa A. Dirusso

ACTEC Law Journal

No abstract provided.

The Perpetual Business Purpose Trust: The Business Planning Vehicle For The Future, Starting Now, Alexander A. Bove Jr., Melissa Langa

ACTEC Law Journal

No abstract provided.

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

ACTEC Law Journal

No abstract provided.

The Intersection Of Racial Inequities And Estate Planning, Reetu Pepoff

ACTEC Law Journal

No abstract provided.

Incentivizing Wills Through Tax, Margaret Ryznar

ACTEC Law Journal

There have been recent calls to loosen will formalities in order to allow more people to execute wills, the importance of which has been highlighted by the COVID-19 pandemic. The reduction of necessary will formalities can be successful in expanding the use of wills, as can potential tax incentives for creation of wills, such as a tax credit. However, there are numerous advantages to using tax to initiate change, as considered in this Article.

Silent Trusts Are Trending: Will They Hold Trustees To Account?, Kent D. Schenkel

ACTEC Law Journal

A common intuition is that easy money creates a disincentive to efforts for personal success. Many trust settlors seem to embrace this view but still wish to provide generously for their families. Enter the so-called “silent trust,” which seeks to moderate the disincentive effect by way of trust provisions that limit or waive notice and disclosure requirements to beneficiaries.

But a fundamental tension plagues these trusts. Beneficiaries need basic information about a trust in order to hold trustees to account. Consequently, traditional trust law provides limits on the degree to which trustees can be silent as respects a beneficiary’s right …

A Sale To A Bidit Should Work As Well As A Sale To An Idit, Michael D. Mulligan

ACTEC Law Journal

No abstract provided.

Truth, Transparency, And The Right Of Privacy, Duncan E. Osborne

ACTEC Law Journal

No abstract provided.

Front Matter

ACTEC Law Journal

No abstract provided.

Investing In And For The Future: Esg Investing For Trust Assets Under The Prudent Investor Rule, Jane Gorham Ditelberg

ACTEC Law Journal

No abstract provided.

Cross-Border Attestation And Interjurisdictional Wills, Richard F. Storrow

ACTEC Law Journal

After nearly two years of difficult effort to contain the coronavirus outbreak, remoteness is firmly embedded in the American psyche. Throughout the country, emergency orders permitting will execution and attestation to be conducted by simultaneous audio-visual transmission have allowed estate planning to proceed. There are currently bills in some state legislatures to make permanent the temporary emergency measures adopted during the pandemic. Remote execution and attestation may be here to stay, even in a world where electronic wills remain rare. This article addresses what is likely to become a more familiar manner of will execution in a post-pandemic world and …

Inheritance Crimes, David Horton, Reid Kress Weisbord

Washington Law Review

The civil justice system has long struggled to resolve disputes over end-of-life transfers. The two most common grounds for challenging the validity of a gift, will, or trust— mental incapacity and undue influence—are vague, hinge on the state of mind of a dead person, and allow factfinders to substitute their own norms and preferences for the donor’s intent. In addition, the slayer doctrine—which prohibits killers from inheriting from their victims—has generated decades of constitutional challenges.

But recently, these controversial rules have migrated into an area where the stakes are significantly higher: the criminal justice system. For example, states have criminalized …

Comparing Family Property Disputes In English And Singapore Law: "Context" Is Everything, Man Yip

Research Collection Yong Pung How School Of Law

This paper examines why Singapore law has not followed English law in the area of beneficial ownership of family property. It points out that the landmark cases in the two jurisdictions are underpinned by different family paradigms.The English landmark cases are based on the unmarried cohabitants paradigm and the legal rules that have emerged from these cases are aimed at, whether successfully or not, ensuring a fair division of the family home upon the breakdown of these relationships. In contrast, the Singapore seminal judgments are underlaid by contests between children over their parents’ property which raised questions as to the …

Appraising Problems, Not Stuff, Chad J. Pomeroy

St. Mary's Law Journal

Abstract forthcoming.

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

Articles & Chapters

No abstract provided.

Hb 409, A Drastic Departure From Florida’S Traditional Stance On Will Execution Formalities, Justin Shifrin

Journal of Technology Law & Policy

The baby boomer generation is aging, and many of the citizens that belong to this generation are retiring to Florida. Accordingly, Florida is expected to host one of the largest wealth transfers in history. And while the baby boomer population ages, our society is becoming more digitized. Things we traditionally did by pen and paper are now increasingly done by computer and keystroke, and wills are no exception. What was previously considered a document whose sacred nature could only be appreciated by the affixation of a handwritten signature at the bottom thereof, wills are now being drafted, signed, witnessed, and …

When The Sanity Code Becomes The Insanity Code: Following O'Bannon's Lead Is The Key To Solving Group Licensing For Ncaa Student-Athletes, Lee Vanhorn

Arkansas Law Review

"Many times when you lose, it's the greatest opportunity to improve. You have this unique opportunity to make dramatic change that you probably couldn't make when things seem to be going right." A YouTube channel titled “Deestroying” displays unique talents of a Costa Rican immigrant named Donald De La Haye (“De La Haye”). De La Haye has a second channel, “KD Family,” and together, the channels have a combined 486 million views and more than three million subscribers. De La Haye majored in marketing at the University of Central Florida (“UCF”), but creates content for his YouTube channels as his …

Dead Men (And Women) Should Tell Tales: Narrative, Intent, And The Construction Of Wills, Karen J. Sneddon

Articles

The will is one of the most personal legal documents that an individual may ever create. The will is written in first person, present tense. Yet most wills reveal little of the person, the personality, or the personal. The inclusion of the testator’s relationships with people, entities, and property does little to convey the testator’s wishes, hopes, or fears. Some may assert that as a formal legal document, the will should be impersonal and be built using standardized, formulaic phrasing. Not only does such position overstate the accuracy of standardized, formulaic phrasing, but such position also ignores the foundational principle …