Risk and Negligence in Wills, Estates, and Trusts

Risk and Negligence in Wills, Estates, and Trusts PDF Author: Martyn Frost
Publisher: Oxford University Press, USA
ISBN: 9780199672929
Category : Law
Languages : en
Pages : 0

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Book Description
"It offers in-depth analysis of negligence and wills, together with commentary on safe practice and the avoidance of risk". -- "Gives practical guidance on avoiding the pitfalls when drafting wills, and administering estates and trusts, especially in specialist areas such as tax". -- Site web del'éditeur.

Risk and Negligence in Wills, Estates, and Trusts

Risk and Negligence in Wills, Estates, and Trusts PDF Author: Martyn Frost
Publisher: Oxford University Press, USA
ISBN: 9780199672929
Category : Law
Languages : en
Pages : 0

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Book Description
"It offers in-depth analysis of negligence and wills, together with commentary on safe practice and the avoidance of risk". -- "Gives practical guidance on avoiding the pitfalls when drafting wills, and administering estates and trusts, especially in specialist areas such as tax". -- Site web del'éditeur.

Wills, Trusts, and Estates, Eleventh Edition

Wills, Trusts, and Estates, Eleventh Edition PDF Author: Robert H. Sitkoff
Publisher: Aspen Publishing
ISBN: 1543824471
Category : Law
Languages : en
Pages : 1524

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Book Description
Buy a new version of this textbook and receive access to the Connected eBook with Study Center on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Learn more about Connected eBooks. Widely hailed as one of the best casebooks in legal education, this comprehensive text combines interesting cases, thoughtful analysis, notes, images, and a clear organization for an excellent teaching tool. Cartoons, illustrations, case documents, and photographs provide engaging visual commentary. Sidebars on relevant persons, places, and things provide interesting and sometimes humorous context. A comprehensive Teacher’s Manual provides a complete teaching summary of all materials in the book, and comprehensive PowerPoint slides provide helpful structure for classroom organization. New to the Eleventh Edition: New section on will execution during the COVID-19 pandemic, with attention to reconciling “presence” with social distancing Updated and completely revised section on electronic or digital wills, with attention to the latest cases and statutes Updated to account for the 2021 and 2019 revisions to the Uniform Probate Code that, among other things, eliminated gender-based distinctions and expanded recognition of non-biological parent-child relationships Updated coverage of wealth and income inequality and new material on recent proposals for a wealth tax Updated and completely revised section on trust decanting, with attention to the latest statutory and case law developments Updated and completely revised section on asset protection trusts, with attention to key choice-of-law and fraudulent transfer principles Professors and students will benefit from: Unique blend of wit, erudition, insight, and playfulness retained from the late Jesse Dukeminier Organization that covers all the key topics in a logical and clear format Interesting cases that are not only fun to read, but fun to teach Cases enhanced and connected to broader legal principles by well-written connective text, notes, questions, problems, and sidebars Arresting two-color design Cartoons, illustrations, wills and other case documents, and photographs that provide visual commentary and teaching aids Teaching materials include: Teacher’s Manual that provides a complete teaching summary of all materials in the book PowerPoint slides that provide explanatory diagrams and structure for classroom discussion Transition Guide Sample Exams Sample Estate Planning Documents

Wills, Trusts, and Estates

Wills, Trusts, and Estates PDF Author: Gerry W. Beyer
Publisher: Aspen Publishers
ISBN:
Category : Business & Economics
Languages : en
Pages : 676

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Book Description
In addition to the wide range of quality textbooks specially created for paralegal programs, Aspen Law & Business also offers a number of law school resources that you may find suitable for use in your course area.Each book in this popular series offers a winning combination of text, examples, and explanations as it guides students to a more thorough understanding of the subject at hand.

Wills, Trusts, and Estates

Wills, Trusts, and Estates PDF Author: Reid Kress Weisbord
Publisher: Aspen Publishing
ISBN:
Category : Estate planning
Languages : en
Pages : 736

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Book Description
"This Trusts and Estates casebook provides the fundamentals in an accessible and straightforward manner. Designed with particular attention toward new professors and those looking for a shorter book that covers all the crucial aspects of trusts and estates practice"--

A Practical Guide to the Construction and Rectification of Wills and Trust Instruments - Second Edition

A Practical Guide to the Construction and Rectification of Wills and Trust Instruments - Second Edition PDF Author: Edward Hewitt
Publisher: Law Brief Publishing
ISBN: 9781916698260
Category : Law
Languages : en
Pages : 0

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Book Description
Private client practitioners dealing with estates and trusts routinely encounter drafting problems. These can be of many different types, from an ambiguous clause in a home-made will to a precedent clause included by mistake in a professionally prepared trust deed. They can also arise in very different contexts: while some can be resolved by agreement, others will result in a full-blown court battle, possibly accompanied by professional negligence proceedings against the draftsman. This book is designed as a practical guide to overcoming drafting problems. As well as considering the court's modern approach to the construction and rectification of both wills and trust instruments, it includes practical guidance on how to try to deal with drafting problems by agreement and, if that fails, on how to ask the court to resolve them. This new edition has been fully revised and updated to take account of recent developments in case law and procedure, including the completely rewritten Chancery Guide. ABOUT THE AUTHOR Edward Hewitt is a barrister at 5 Stone Buildings in Lincoln's Inn. He has a private client practice with a particular emphasis on inheritance and trust disputes. He is frequently asked to advise on the correct construction of wills and trust instruments. He has also acted in some of the leading recent cases involving the construction and rectification of wills and trust instruments, some of which have included ancillary professional negligence proceedings against the relevant draftsman. CONTENTS Chapter One - Introduction 1.1 The problem 1.2 Structure of this book: distinction between wills and other trust instruments 1.3 A bit of history 1.4 Relationship between construction and rectification 1.5 Miscellaneous Chapter Two - Construction of Wills 2.1 The law 2.2 Practice and procedure 2.2.1 Who is affected? 2.2.2 Can the problem be resolved by agreement? 2.2.3 Professional negligence 2.2.4 Court intervention: section 48 of the Administration of Justice Act 1985 2.2.5 Court intervention: construction claims in the Chancery Division Chapter Three - Rectification of Wills 3.1 The law 3.2 Practice and procedure 3.2.1 Who is affected? 3.2.2 Can the problem be resolved by agreement? 3.2.3 Professional negligence 3.2.4 Court intervention: rule 55 of the Non-Contentious Probate Rules 1987 3.2.5 Court intervention: rectification claims in the Chancery Division Chapter Four - Construction of Other Trust Instruments 4.1 The law 4.2 Practice and procedure 4.2.1 Who is affected? 4.2.2 Can the problem be resolved by agreement? 4.2.3 Professional negligence 4.2.4 Court intervention: section 48 of the Administration of Justice Act 1985 4.2.5 Court intervention: construction claims in the Chancery Division Chapter Five - Rectification of Other Trust Instruments 5.1 The law 5.2 Practice and procedure 5.2.1 Who is affected? 5.2.2 Can the problem be resolved by agreement? 5.2.3 Professional negligence 5.2.4 Court intervention: rectification claims in the Chancery Division Chapter Six - Mistake and Hastings-Bass 6.1 Mistake 6.2 Hastings-Bass REVIEWS OF THE FIRST EDITION "Mr Hewitt has an easy writing style which is to be commended for what could be a difficult and dry topic. Instead, it is a book which provides clarity when trying to approach the actions which need to be taken" - Gill Steel, LawSkills

Wills, Estates, and Trusts

Wills, Estates, and Trusts PDF Author: Thomas Conyngton
Publisher:
ISBN:
Category : Executors and administrators
Languages : en
Pages : 496

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Book Description


Wills, Trusts, and Estates

Wills, Trusts, and Estates PDF Author: Jesse Dukeminier
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 1082

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Book Description
Retaining the late Jesse Dukeminier's signature blend of wit, erudition, insight, and playfulness, Wills, Trusts, and Estates, now in its Eighth Edition, continues to offer interesting cases, well written notes, and a logical organization. The Eight Edition's new Companion Website, available with adoptions, includes an electronic version of the Teacher's Manual, PowerPoint slides on selected topics, and author updates. A stellar example of a great casebook, Wills, Trusts, and Estates features: eminently clear presentation of topics comprehensive substantive coverage inspired case selection engaging notes, questions, and problems that connect and highlight legal themes and principles humorous and illustrative cartoons, art, photographs, and other images a detailed Teacher's Manual that answers every question and problem posed in the casebook and includes comments on material cited in the text, analyses, comments, syllabus notes, and teaching suggestions With many new and revised notes, questions, and problems, the carefully updated Eighth Edition explores: New developments in law reform by the ALI and NCCUSL, such as: the 2008 Amendments to the Uniform Probate Code, including validation of notarized wills, reformation of wills for mistake, and a reworking of the spousal share the Uniform Power of Attorney Act further progress in the Restatement (Third) of Trusts and Restatement (Third) of Property Ongoing developments in the law, in such areas as: inheritance rights for same-sex partners the posthumous right of publicity the power of an agent to alter an incompetent principal's estate plan liberalized rules of trust modification and termination, and of trustee removal standing for donors in suits against the trustees of charitable trusts perpetual trusts and self-settled asset protection trusts Increasingly important topics such as: the movement to cure will execution defects and reform mistakes in wills fiduciary administration and trust investment law will contests, particularly the law of capacity and insane delusion Co-authors Robert Sitkoff and James Lindgren took great care to preserve the voice and spirit of Jesse Dukeminier, while fulfilling the trust and expectation among users for timely and relevant coverage, cases, and note material. *Teacher's Manuals are a professional courtesy offered to professors only. For more information or to request a copy, please contact Aspen Publishers at 800-950-5259 or [email protected].

Wills, Trusts, and Estates

Wills, Trusts, and Estates PDF Author: Reid Kress Weisbord
Publisher: Aspen Publishing
ISBN: 1543824439
Category : Law
Languages : en
Pages : 724

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Book Description
Wills, Trusts, and Estates: The Essentials (“Essentials”) offers a sleek and slender presentation of wealth transfer law for an introductory law school course. Written by widely recognized scholars in the field, this text comprehensively yet concisely covers the core legal principles that are tested on the bar exam and essential to a trusts and estates practice. For a fresh perspective, Essentials incorporates current events, lively cases, and engaging examples. It also enables students to maximize out-of-class preparation time by delivering information efficiently in a streamlined and straightforward way. Each chapter contains: (1) clearly explained summaries of each doctrine, (2) explanatory narration accompanying all relevant statutory authority, (3) thoroughly edited judicial opinions followed by analytical questions and answers, and (4) realistic problem sets designed for classroom instruction that illustrate and apply each concept. New to the Second Edition: Additional core topics, including: federal constitutional law and racial discrimination in testamentary gifts; survival and wrongful death actions; forgery; tortious interference with an inheritance expectancy; electronic and do-it-yourself wills; tax apportionment clauses; waiver of spousal elective share by agreement; revocation of insurance beneficiary designations; directed trusts; and the Tax Cuts and Jobs Act of 2017. New cases, including recent decisions by the United States Supreme Court, and new statutes, including uniform acts on electronic wills and directed trusts. New selection of meaningful secondary sources, including relevant empirical scholarship drawn from our own research and other prominent scholars. Professors and students will benefit from: A text that makes a challenging course accessible, lively, and interactive. It is concise yet comprehensive, and adaptable for two, three, and four credit courses. An emphasis on the development of problem-solving skills by presenting problem sets that allow students to apply newly learned legal doctrine in realistic scenarios, mostly based on litigated cases. Many problem sets are as detail-rich as the cases, which facilitates in-depth discussion of doctrinal nuance. Legal doctrine explained up front and in plain English. According to student feedback, the inclusion of plain English doctrinal summaries often obviates the need for students to purchase a study supplement. For professors, this format provides a baseline on which to build a livelier and sophisticated classroom discussion of the cases and problem sets. The questions and answers following the judicial decisions that encourage student self-assessment. Accompanying family tree diagrams in the textbook (and on the PowerPoint teaching slides) in addition to most judicial opinions, thereby allowing students to quickly ascertain the facts of each case and focus on the application of law.

Contemporary Issues in Wills, Trusts and Estates

Contemporary Issues in Wills, Trusts and Estates PDF Author: Lucy a. Marsh
Publisher: Vandeplas Pub.
ISBN: 9781600421945
Category : Law
Languages : en
Pages : 478

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Book Description
New issues in estate planning today include the inheritance rights of "sperm bank" children, increasing recognition of an action for Intentional Interference with an Expectancy (Anna Nicole Smith case), the Harmless Error rule, and the increasing liability for attorneys who do a poor job of drafting. The book uses the richness of relatively full versions of contemporary cases - interspersed with segments of relevant statutes - to show the variety of important issues involved in any real case, and the variety of different techniques which may be employed to try to reach a particular result. Memorable stories and recent cases illustrate the fundamentals of estate planning. A few of the major issues in probate are included, such as entry into the safe deposit box of the deceased, giving (or avoiding) notice to creditors, and disputes over who is entitled to serve as personal representative when there is a serious dispute between creditors and heirs. The combination of good stories, relevant statutes, and important contemporary issues should give the reader a rich understanding of the area of estate planning. About the author: Prof. Lucy A. Marsh, a graduate of Smith College and the University of Michigan Law School, has taught Trusts & Estates for many years at the University of Denver Sturm College of Law, and is the author of assorted books and articles in the field. She is Founder and Director of the Wills Lab, in which students write real wills, medical powers of attorney, living wills, and related documents for low-income clients under the direct supervision of practicing attorneys - thus giving law students the opportunity to learn the important skills of interviewing, advising, and drafting from lawyers who are experts in the field. Her goal is to help students learn how to apply theory to practice - effectively.

Wills, Trusts, & Estates

Wills, Trusts, & Estates PDF Author: Jesse Dukeminier
Publisher:
ISBN: 9781454816300
Category : Law
Languages : en
Pages : 1025

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Book Description