This third edition provides a comprehensive review of the law affecting intestate succession, wills, and trusts. This book introduces wills terminology to the lay audience and updates the law of trusts with references to the Uniform Trust Code and the Restatement of Trusts. This book uses problems arising from celebrity peccadilloes and deaths, such as those of Anna Nichole Smith and James Brown, to illustrate legal issues. Moreover, this book can be adopted to supplement a traditional wills and trust class or as the sole text for a seminar.
This book is a revision tool for students, summarising the essential components of the law of Equity and Trusts. It is a user-friendly, accurate and concise work that will be an invaluable study aid. It has chapters on all the main examinable topics and an analysis of the important cases in each area. Designed with the busy student in mind, the Nutshell is perfect for exam preparation, with brief, clear explanations of key exam topics throughout. The first edition has been redesigned and updated to include a number of significant decisions that have been recently delivered, as well as legislative developments, such as the enactment of the Land and Conveyancing Law Reform Act 2009 and the Charities Act 2009. Author Miriam Dowling BA (Hons) works for Pearts Solicitors, Dublin.
This comprehensive guide can serve either as a course supplement or as a refresher for members of the bar. Expert commentary summarizes the law and offers critical perspectives on the federal income taxation of estates, trusts, and beneficiaries, including the decedent's final income tax return; classification of estates and trusts; income in respect of a decedent; distributable net income; simple and complex trusts; distributions; grantor trusts; charitable trusts; and foreign trusts. Additional chapters cover basic income, gift and estate tax concepts, accumulation distributions, and specially treated trusts.
Equity & Trusts presents a clear and current picture of the law of equity and trusts, with comprehensive coverage that assumes no pre-existing knowledge of the topic by the reader.
This new addition To The popular Examples & Explanations Series brings a new degree of clarity to Will, Trusts, and Estates. Noted author Gerry Beyer helps students work through troublesome topics to get a firm grasp of the underlying concepts of the subject. WILLS, TRUSTS, AND ESTATES: Examples & Explanations is equally well suited for class use or independent study. This lively and engaging text lead students to enlightenment through the careful use of: -sample wills and trusts -clear and lucid explanations -effective practice problems -a no-intimidating, conversational tone Instructors will appreciate the book's flexible an adaptable structure that complements a wide range of teaching approaches. Beyer's comprehensive text explores: -non-probate assets -estate administration -disability and death planning -malpractice and professional responsibility -wealth transfer taxation For extra help with an especially difficult concept or a solid review of the entire subject, WILLS, TRUSTS, AND ESTATES: Examples and Explanations is an excellent choice. Table of Contents Chapter 1: Introduction and Overview 1.1 Brief History of Property Transference When Owner Dies 1.2 Basic Terminology Used in This Book 1.3 Determination of Applicable Law 1.4 the 'Big Picture' PART ONE - INTESTATE SUCCESSION Chapter 2: Descent and Distribution 2.1 Reasons Most Individuals Die Intestate 2.2 Historical Development of Descent and Distribution 2.3 Surviving Spouse 2.4 Descendants 2.5 Ancestors and Collaterals 2.6 Escheat Chapter 3: Treatment of Certain Categories of Potential Heirs 3.1 Posthumous or Afterborn Heirs 3.2 Adopted Individuals 3.3 Non-Marital Children 3.4 Children from Alternative Reproduction Technologies 3.5 Stepchildren 3.6 Half-Blooded Collateral Heirs 3.7 Non-United States Citizens 3.8 Unworthy Heirs Chapter 4: Other Intestate Succession Issues 4.1 Ancestral Property 4.2 Advancements 4.3 Survival 4.4 Disclaimers 4.5 Assignment or Release of Expectancy to Inherit 4.6 Equitable Conversion 4.7 Liability for Debts of Predeceased Intermediary 4.8 Heir Designation 4.9 Choice of Law PART TWO - WILLS Chapter 5: Requirements for a Valid Will 5.1 Legal Capacity 5.2 Testamentary Capacity (Sound Mind) 5.3 Testamentary Intent 5.4 Formalities Chapter 6: Changing Circumstances After Will Execution - Property 6.1 Classification of Testamentary Gifts 6.2 Ademption by Extinction 6.3 Ademption by Satisfaction 6.4 Changes in Value 6.5 Exoneration 6.6 Abatement 6.7 Tax Apportionment Chapter 7: Changing Circumstances After Will Execution - Persons 7.1 Marriage of a Testator 7.2 Divorce of Testator 7.3 Pretermitted Heirs 7.4 Death of Beneficiary - Lapse 7.5 Failure of Charitable Gift - Cy Pres 7.6 Survival Chapter 8: Revocation of Wills 8.1 Revocation by Operation of Law 8.2 Revocation by Physical Act 8.3 Revocation by Subsequent Writing 8.4 Presumptions 8.5 Revival 8.6 Conditional Revocation 8.7 Multiple Originals Chapter 9: Interpretation and Construction 9.1 Ambiguity 9.2 Integration 9.3 Incorporation by Reference 9.4 Facts of Independent Significance 9.5 Tangible Personal Property Document 9.6 Pour-Over Provisions 9.7 Precatory Language 9.8 Class Gifts 9.9 Dead Person's Statute Chapter 10: Will Contests 10.1 Failure to Satisfy Requirements of a Valid Will 10.2 Insane Delusions 10.3 Undue Influence 10.4 Duress 10.5 Fraud 10.6 Mistake 10.7 Remedies 10.8 Preventing Will Contests Chapter 11: Other Will Issues 11.1 Conditional Wills
This title provides a comprehensive, yet concise examination of the primary aspects of mediation practice. In doing so, the book considers the legal, philosophical, policy and practical issues surrounding mediation use. Matters include issues such as levels of participation in mediation, enforceability of mediated agreements, regulation of practice including ethical concerns, and a survey of the specialized applications of mediation. The extent and limits of confidentiality are examined with consideration of the Uniform Mediation Act. Each chapter also contains an extensive bibliography and listing of leading cases on each subject area.
The use of testamentary trusts is becoming an important part of estate planning. As a result, students who want to make a living as probate attorneys will need to know how trusts fit into estate planning. In addition, bar examiners realize that it is important for students to have a basic knowledge of trust law. That realization will result in bar examination questions that test that knowledge. This book is designed for use as a supplementary text for a course on wills and trusts and the primary text in a seminar or course exploring the law of trusts.
Public Health Law in a Nutshell, 2nd Edition (2016) provides a fascinating, informative, and concise assessment of the critical role of law in American society to protect the community's health. Updated to reflect modern developments through 2015 in this ever-developing field, the Nutshell's 10 chapters lay out definitive legal issues underlying core public health powers to prevent and control communicable and chronic conditions like influenza, obesity, cancer, and heart disease. The text also explores legal routes to address sources of other public health threats, including tobacco and alcohol use, guns, vehicles, and defective products. Additional chapters focused on information surveillance, commercial speech regulation, the built environment, and emergency preparedness provide concise clear assessments of difficult law and policy trade-offs. Understanding the field of public health law encompasses its constitutional sources and limits as well as historic and modern attempts to regulate in the interests of the community's health and safety. This Nutshell specifically explains and addresses these issues while also providing a modern framework supporting the role of law in this pivotal area of society. It is a "must read" for any legal or public health practitioner in the field, law- and policy-makers working to protect the public's health, as well as students in schools of law, public health, or medicine assessing these issues in prior or current coursework.
