Wills, Estates and Succession

Wills, Estates and Succession
Author: British Columbia Law Institute
Publisher:
Total Pages: 0
Release: 2009
Genre:
ISBN:

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The law surrounding the passage of property on death by means of a will or intestate inheritance is known as the law of succession. Nearly everyone comes into contact with succession law at some point because of the death of a relative or spouse. Despite this, succession is one of the most antiquated and neglected areas of the law. It is based on both case law and legislation, but the legislation is spread over a forest of different statutes, and much of it is quite old. The aim of the Succession Law Reform Project was to modernize the law of succession in British Columbia and reduce the number of separate pieces of legislation relating to it. The final report for this project, Wills, Estates and Succession: A Modern Legal Framework, contains recommendations and draft legislation to update British Columbia succession law and consolidate four separate Acts (Wills Act, Wills Variation Act, Estate Administration Act, Probate Recognition Act) and portions of a fifth Act (Law and Equity Act) that now govern various aspects of the law of succession into one statute.

Wills, Trusts, and Estates, Eleventh Edition

Wills, Trusts, and Estates, Eleventh Edition
Author: Robert H. Sitkoff
Publisher: Aspen Publishing
Total Pages: 1524
Release: 2021-11-01
Genre: Law
ISBN: 1543824471

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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

Succession Q and A

Succession Q and A
Author: Mckeon
Publisher: Cavendish Publishing
Total Pages: 257
Release: 2001-04-24
Genre: Law
ISBN: 1843140810

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The aim of this book is to provide samples of the types of questions found both at first degree level and on diploma courses. This third edition has been extensively updated, including extra introductory notes and new chapters on the nature of wills and the mental element, formalities, revocation and alterations, and intestacy. The detailed coverage of family provision, construction and the administration of estates has also been expanded. The areas of mutual and privileged wills, and the growing number of decisions involving claims in negligence brought by disappointed beneficiaries against solicitors, are also incorporated.

Wills, Trusts, and Estates

Wills, Trusts, and Estates
Author: Gerry W. Beyer
Publisher: Aspen Publishers
Total Pages: 660
Release: 1999
Genre: Business & Economics
ISBN:

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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

Uniform Succession Laws

Uniform Succession Laws
Author: New South Wales. Law Reform Commission
Publisher:
Total Pages: 268
Release: 1998
Genre: Inheritance and succession
ISBN:

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Among the States and Territories there are numerous significant differences in the law of wills. In intestacy, the rights of a surviving spouse vary greatly from jurisdiction to jurisdiction. In family provision schemes, qualification to apply for provision is far from uniform, as are also the grounds on which the courts in different jurisdictions may order that provision be made. In the administration of deceased estates, there is a lack of uniformity in the law relating to devolution of title and the payment of debts from assets, and uncertainty with respect to interstate recognition of grants of probate. Less significant differences are numerous, particularly in those relatively neglected areas of law reform such as probate and administration. To date, in Australia, State and Territory succession laws have been reformed in a piecemeal manner. The development by the National Committee of model legislation to be used as the basis for reform by individual States and Territories provides an opportunity for the States and Territories to adopt uniform, or at least consistent, laws relating to wills.

Wills, Trusts, and Estates

Wills, Trusts, and Estates
Author: Reid Kress Weisbord
Publisher: Aspen Publishing
Total Pages: 724
Release: 2022-10-27
Genre: Law
ISBN: 1543824439

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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.