E-Notice And Comment On Due Process,
2019
University of Miami School of Law
Who Is A Qualified Beneficiary?,
2019
Maurice A. Deane School of Law at Hofstra University
Who Is A Qualified Beneficiary?, John P. Edgar
ACTEC Law Journal
No abstract provided.
A Powerful Tool: Modification Or Termination Of A Noncharitable Irrevocable Trust By Consent Under Section 411(A) Of The Uniform Trust Code,
2019
Maurice A. Deane School of Law at Hofstra University
A Powerful Tool: Modification Or Termination Of A Noncharitable Irrevocable Trust By Consent Under Section 411(A) Of The Uniform Trust Code, Maureen L. O'Leary
ACTEC Law Journal
No abstract provided.
Beyond Utc Section 808 And The Uniform Directed Trust Act,
2019
Maurice A. Deane School of Law at Hofstra University
Beyond Utc Section 808 And The Uniform Directed Trust Act, Wayne E. Reames
ACTEC Law Journal
No abstract provided.
Utc's Duty To Inform And Report At 20 -- How Mandatory Is Transparency?,
2019
Maurice A. Deane School of Law at Hofstra University
Utc's Duty To Inform And Report At 20 -- How Mandatory Is Transparency?, Mel M. Justak, Anne-Marie Rhodes
ACTEC Law Journal
No abstract provided.
Settlor-Authorized Fiduciary Indifference To Trust Purposes And The Interests Of Beneficiaries,
2019
Maurice A. Deane School of Law at Hofstra University
Settlor-Authorized Fiduciary Indifference To Trust Purposes And The Interests Of Beneficiaries, James P. Spica
ACTEC Law Journal
No abstract provided.
Alternative Dispute Resolution And The Uniform Trust Code -- Colorado's Approach,
2019
Maurice A. Deane School of Law at Hofstra University
Alternative Dispute Resolution And The Uniform Trust Code -- Colorado's Approach, Darla L. Daniel
ACTEC Law Journal
No abstract provided.
Welcoming E-Wills Into The Mainstream: The Digital Communication Of Testamentary Intent,
2019
University of Nevada, Las Vegas -- William S. Boyd School of Law
Welcoming E-Wills Into The Mainstream: The Digital Communication Of Testamentary Intent, Paige Hall
Nevada Law Journal
No abstract provided.
"Body" Building: Expanding Arkansas's Standard For Holographic Wills,
2019
Friday, Eldredge & Clark, LLP
"Body" Building: Expanding Arkansas's Standard For Holographic Wills, Andrew L. Lawson
Arkansas Law Review
In times past, entirely handwritten documents represented the vast majority of holographic wills. These homemade testaments included dense pages of text that the drafter diligently memorialized by hand, carefully crafted letters with testamentary directions to the author’s loved ones, and unassuming notes tucked away in a drawer, perhaps with names, proportions, and shorthand property descriptions. If a probate court encountered a holographic testament, odds were that it resembled these traditional examples.
Strangers In The Law: Lawyers' Law And The Other Legal Dimensions,
2019
University of Trieste, Italy
Strangers In The Law: Lawyers' Law And The Other Legal Dimensions, Mauro Bussani
Cardozo Law Review
Political and legal theories have long been takingfor granted the idea that law is the province of government and government recognized authorities, including the judiciary. They have concentrated on the processes and principles, by which the form and substance of State law are determined, implemented, and enforced. This law is what I will call official or State law. By contrast, many non-official sites of legal production have always existed and still exist (outside and) inside the West. These sites produce rules that may flourish indifferent to or in opposition to official law and take the settlement of disputes arising out …
Unwinding Irrevocable Trusts,
2019
University of South Dakota School of Law
Unwinding Irrevocable Trusts, Thomas Simmons
Faculty Publications
No abstract provided.
Front Matter,
2019
Maurice A. Deane School of Law at Hofstra University
Strengthening The Passivity Default,
2019
Maurice A. Deane School of Law at Hofstra University
Strengthening The Passivity Default, Ian Ayres, Edward Fox
ACTEC Law Journal
No abstract provided.
Prudence Of Passivity Vs. Prudence Of Process: Can A Default Approach Be Prudent?,
2019
Maurice A. Deane School of Law at Hofstra University
Prudence Of Passivity Vs. Prudence Of Process: Can A Default Approach Be Prudent?, Elisa Shevlin Rizzo, Erica E. Lord
ACTEC Law Journal
No abstract provided.
Brief Comment On Trustee Prudence And Passive Investing,
2019
Maurice A. Deane School of Law at Hofstra University
Brief Comment On Trustee Prudence And Passive Investing, C. Raymond Radigan, Jennifer F. Hillman
ACTEC Law Journal
No abstract provided.
Estate Planning And Trust Management For A Brave New World: It's All In The Family…What's A Family?,
2019
Maurice A. Deane School of Law at Hofstra University
Estate Planning And Trust Management For A Brave New World: It's All In The Family…What's A Family?, R. Hugh Magill
ACTEC Law Journal
No abstract provided.
Janus As A Client: Ethical Obligations When Your Client Plays Two Roles In One Fiduciary Estate,
2019
Maurice A. Deane School of Law at Hofstra University
Janus As A Client: Ethical Obligations When Your Client Plays Two Roles In One Fiduciary Estate, Karen E. Boxx, Philip N. Jones
ACTEC Law Journal
Is it possible for an attorney to have a conflict of interest when the attorney represents a trustee who is also a beneficiary of the trust? Is that situation similar to having two clients? What if the trustee is not only a beneficiary, but also a claimant against the trust? Since the trustee has three roles to play, is that situation similar to an attorney having three clients? The issue presented by these potential conflicts was one of the most vexing for the drafters of the Fifth Edition of the ACTEC Commentaries. The range of possible approaches goes from a …
Strengthening The Passivity Default,
2019
Yale Law School
Strengthening The Passivity Default, Ian Ayres, Edward Fox
Articles
In The Prudence of Passivity, Bryon Harmon and Laura Fisher (hereafter HF) argue that "passive management become the default approach for the investment of trust funds, to be abandoned only when circumstances specifically dictate the use of active management."' In this comment we argue that their thesis could be strengthened (i) by more clearly distinguishing between default law and default investment practices, (ii) by more clearly articulating their favored altering rules.
Fiduciary Principles In Chinese Law,
2019
University of Michigan Law School
Fiduciary Principles In Chinese Law, Nicholas C. Howson
Book Chapters
This chapter examines the principles of fiduciary doctrine that are found in Chinese law, with a particular focus on developments in law and regulation in the People’s Republic of China (PRC) after the early 1980s. It also considers the advent and elaboration of what the Anglo-American legal system calls “corporate fiduciary duties,” including partnership fiduciary duties. The chapter first provides an overview of basic conceptions of corporate fiduciary duties that entered Chinese law and practice through at least three separate tracks: academic, regulatory, and jurisprudential. It then explores corporate and partnership fiduciary duties after 2006, placing emphasis on corporate law …
Probate Funding And The Litigation Funding Debate,
2019
Mercer University School of Law
Probate Funding And The Litigation Funding Debate, Jeremy Kidd
Washington and Lee Law Review
Third-party funding of legal claims is becoming more common, and increasingly more controversial. Whether in the legislative arena or in the courts, the fight over whether and how independent parties might provide funding to litigants has become heated. The fight now threatens to spill over into the probate realm, where funders have begun purchasing probate rights from putative heirs. These probate funding transactions share many characteristics with broader litigation funding but also differ in important respects. The meager existing literature tends to address the issue in a pre-biased and methodologically unsound way, making it impossible to properly assess the nature …
