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Fiduciaries And Trust
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Book Synopsis Fiduciaries and Trust by : Paul B. Miller
Download or read book Fiduciaries and Trust written by Paul B. Miller and published by Cambridge University Press. This book was released on 2020-04-02 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the interactions of fiduciary law and personal and political trust in private, public and international law.
Book Synopsis The Oxford Handbook of Fiduciary Law by : Evan J. Criddle
Download or read book The Oxford Handbook of Fiduciary Law written by Evan J. Criddle and published by Oxford Handbooks. This book was released on 2019-05-27 with total page 1028 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Fiduciary Law provides a comprehensive overview of critical topics in fiduciary law and theory through chapters authored by leading scholars. The Handbook opens with surveys of the many fields of law in which fiduciary duties arise, including agency law, trust law, corporate law, pension law, bankruptcy law, family law, employment law, legal representation, health care, and international law. Drawing on these surveys, the Handbook offers a synthetic analysis of fiduciary law's key concepts and principles. Chapters in the Handbook explore the defining features of fiduciary relationships, clarify the distinctive fiduciary duties that arise in these relationships, and identify the remedies available for breach of fiduciary duties. The volume also provides numerous comparative perspectives on fiduciary law from eminent legal historians and from scholars with deep expertise in a diverse array of the world's legal systems. Finally, the Handbook lays the groundwork for future research on fiduciary law and theory by highlighting cross-cutting themes, identifying persistent theoretical and practical challenges, and exploring how the field could be enriched through empirical analysis and interdisciplinary insights from economics, philosophy, and psychology. Unparalleled in its breadth and depth of coverage, The Oxford Handbook of Fiduciary Law represents an invaluable resource for practitioners, policymakers, scholars, and students in this essential field of law.
Book Synopsis Equity, Fiduciaries and Trusts, 1993 by : Mark Bridge
Download or read book Equity, Fiduciaries and Trusts, 1993 written by Mark Bridge and published by Scarborough, Ont. : Carswell. This book was released on 1993 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Fiduciary Law written by Tamar Frankel and published by Oxford University Press. This book was released on 2011 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Fiduciary Law, Tamar Frankel examines the structure, principles, themes, and objectives of fiduciary law. Fiduciaries, which include corporate managers, money managers, lawyers, and physicians among others, are entrusted with money or power. Frankel explains how fiduciary law is designed to offer protection from abuse of this method of safekeeping. She deals with fiduciaries in general, and identifies situations in which fiduciary law falls short of offering protection. Frankel analyzes fiduciary debates, and argues that greater preventive measures are required. She offers guidelines for determining the boundaries and substance of fiduciary law, and discusses how failure to enforce fiduciary law can contribute to failing financial and economic systems. Frankel offers ideas and explanations for the courts, regulators, and legislatures, as well as the fiduciaries and entrustors. She argues for strong legal protection against abuse of entrustment as a means of encouraging fiduciary services in society. Fiduciary Law can help lawyers and policy makers designing the future law and the systems that it protects.
Book Synopsis Fiduciary Government by : Evan J. Criddle
Download or read book Fiduciary Government written by Evan J. Criddle and published by Cambridge University Press. This book was released on 2018-11-15 with total page 762 pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea that the state is a fiduciary to its citizens has a long pedigree - ultimately reaching back to the ancient Greeks, and including Hobbes and Locke among its proponents. Public fiduciary theory is now experiencing a resurgence, with applications that range from international law, to insider trading by members of Congress, to election law and gerrymandering. This book is the first of its kind: a collection of chapters by leading writers on public fiduciary subject areas. The authors develop new accounts of how fiduciary principles apply to representation; to officials and judges; to problems of legitimacy and political obligation; to positive rights; to the state itself; and to the history of ideas. The resulting volume should be of great interest to political theorists and public law scholars, to private fiduciary law scholars, and to students seeking an introduction to this new and increasingly relevant area of study.
Book Synopsis Fiduciary Accounting and Trust Administration Guide by : Robert Whitman
Download or read book Fiduciary Accounting and Trust Administration Guide written by Robert Whitman and published by Ali-aba. This book was released on 2002 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: Advice for lawyers who handle probate of estates and administer trusts.
Book Synopsis A Treatise on the Law of Trusts and Trustees by : Jairus Ware Perry
Download or read book A Treatise on the Law of Trusts and Trustees written by Jairus Ware Perry and published by . This book was released on 1910 with total page 960 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Ethics for Trustees by : Jane B. Lorenz
Download or read book Ethics for Trustees written by Jane B. Lorenz and published by Author House. This book was released on 2011-05-03 with total page 77 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by two longtime Professional Fiduciaries, "Ethics for Trustees", A Guide for All Who Serve as Trustee, is intended as a guideline for everyone who serves as a Trustee of a Trust; Experienced or inexperienced; Attorneys, Fiduciaries, CPAs, Family Members and Friends, etc. Quotes and concepts have been drawn from personal experience, from the Professional Fiduciary Association of California (PFAC) Code of Ethics and from the most recent California Probate Code (2011). Review by an experienced Trusts and Estates Attorney: Ethics for Trustees is an excellent guidebook that draws together important resources and reference materials. It covers some topics few other writers have addressed, and the authors draw on wealth of personal experience. The writing is clear and concise. It is a valuable addition to my professional library. Meredith G. Alcock Trusts and estates attorney www.aalapc.com Review by an Independent Financial Advisor: Whether you are already serving as a professional trustee or considering taking on this role for the first time, we recommend this book. Serving as a trustee is a challenging responsibility. This book will help you understand what is expected of you and how to best meet the role of trustee. Troy B. Daum, CFP Principal Wealth Analytics www.WealthAnalytics.com The Authors: Jane B. Lorenz, CPA, CLPF has been practicing as a CPA since 1975 and started serving as a Professional Trustee around 1990. Marguerite C. Lorenz, CTFA, CLPF began working with Jane in 2003 and has been serving as a Professional Trustee ever since. This book is a labor of love. They know from experience the challenges facing todays Fiduciary, whether amateur or professional. Many professional Fiduciaries operate as sole proprietors, without partners or staff . Jane and Marguerite have benefitted so much from their partnership and business model, they feel good about sharing some of what they have learned. The Readers: Everyone who is in the Estate Planning Process can benefit from a better understanding of what their Successor can and should do. The documents alone do nothing. The selection of the appropriate Successor Trustee is vitally important, as this is the one trusted to fulfill the Estate Plan provisions. How can the right Successor be selected if the one choosing is not familiar with what the job entails? Reading this concise volume gives the reader just what is needed. Before one accepts the role of Trustee he/she should understand the liability, the ethical issues and the depth of responsibility. We believe that reading this book may prevent family upset and financial disaster.
Book Synopsis Fiduciary Obligations in Business by : Arthur B. Laby
Download or read book Fiduciary Obligations in Business written by Arthur B. Laby and published by . This book was released on 2021-09-09 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading scholars analyze key issues in fiduciary duties in business―one of the most salient applications of fiduciary law and theory.
Book Synopsis Ethics for Trustees 2.0 by : Marguerite C. Lorenz CTFA CLPF
Download or read book Ethics for Trustees 2.0 written by Marguerite C. Lorenz CTFA CLPF and published by AuthorHouse. This book was released on 2020-09-28 with total page 65 pages. Available in PDF, EPUB and Kindle. Book excerpt: Your loved one, or a professional may be your best option as your Successor (Trustee/Executor), but don't select anyone without reading this book first! Too many families are no longer on speaking terms because the chosen person did a poor job, or just did not fulfill the required fiduciary duties. "This little book saved our family from World War III, thank you!!" A. B., 86 years old. Ethics for Trustees 2.0 is for everyone who is getting their estate plan written, as every Trustor needs to select a Successor Trustee. This book is for everyone who serves as a Trustee of a Trust; experienced or inexperienced; Attorneys, Fiduciaries, CPA's, Family Members and Friends, etc., this book can help you better understand what is required to do the job well. Quotes and concepts have been drawn from personal experience based on serving as private professional trustees in California. This book is designed to stimulate discussion in our estate planning community, to emphasize the value of continuing education, and to encourage those who serve as a Fiduciary to do their best.
Book Synopsis Family Trusts by : Hartley Goldstone
Download or read book Family Trusts written by Hartley Goldstone and published by John Wiley & Sons. This book was released on 2015-10-05 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: An insightful and practical guide to family trusts Family Trusts is a step-by-step guide for anyone involved in family trusts: trust creators, trustees, beneficiaries, and advisors. It will help families create and administer a culture that recognizes trusts as a gift of love. Marrying the practical and emotional aspects of family wealth, this book provides a hands-on primer that focuses on fostering positive relationships, and structuring the trust appropriately for the situation and the people involved. It tackles difficult topics with frank and honest discussion, from the first beneficiary meeting to working with addictions, and more. Written by a team of experts in family wealth, this information is becoming increasingly crucial to the successful execution of a trust; you'll learn what type of person makes the best trustee, how to be an excellent beneficiary, and the technical aspects that help you build a better trust from the very beginning. There's been a staggering increase in trustee/beneficiary litigation and hostility, but that doesn't mean it's inevitable. Plenty of trusts are running smoothly, with positive experiences on all sides. This book shows you how to set up your trust to succeed from the start, with step-by-step guidance and expert insight. Express clear and thoughtful intent for the trust Create a healthy and supportive culture Select the right trustee, trust protector, and trust advisor Take the time to prepare before initially meeting the beneficiary Conduct a productive first meeting to set a tone for the relationship Historically, there has been little consideration given to the culture of trusts, and this oversight may be a key driver of the behavior that's becoming more prevalent. Family Trusts explores the nature of these relationships, and shows you how to build a trust that retains the nature and spirit with which it was intended.
Download or read book Breach of Trust written by Peter Birks and published by Hart Publishing. This book was released on 2002-07-05 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent leading cases have demonstrated the urgent need to modernize the learning on breach of trust. This book, written by a team of leading trust lawyers from a number of common law jurisdictions, investigates all the principal aspects of the subject.
Book Synopsis Trust Protectors: A Practice Manual with Forms by : Alexander A. Bove, Jr.
Download or read book Trust Protectors: A Practice Manual with Forms written by Alexander A. Bove, Jr. and published by Juris Publishing, Inc.. This book was released on 2014-09-01 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: The trust protector is generally regarded as a relatively new position in trust law, and the key feature of the position is that the protector may be granted powers over the trust, which are generally superior to those of the trustee. This places the protector in a position where, by the exercise of his powers, he can cause the trust to adjust to unforeseen changes or new conditions without the need for court action or beneficiary approval. This work takes the firm position that, with only limited exception, the role of the protector is a fiduciary one, imposing on the protector a duty to act in the best interests of the purposes of the trust and the beneficiaries. Unfortunately, a substantial segment of the legal community, as well as the legislative bodies of a number of international jurisdictions, have taken a position that the protector is not a fiduciary, or that he may be declared in the trust not to be a fiduciary, and that the power granted him under the trust may be declared to be personal powers, whether or not such is the case, and thus he would have no liability for his actions or inactions while serving as protector. This “attraction” of providing total exculpation of the protector has effectively engendered a quick acceptance of the position by the bulk of the legal community and even by the legislatures of a number of jurisdictions, though almost totally unsupported by relevant case law. As a result, we have been seeing trusts which incorporate the use of a protector having the power to make critical dispositive and administrative decisions, as well as extensive modifications to the trusts without being exposed to liability for negligence or bad decisions which result in damages. This work will examine in detail the role of the protector of the trust, the relationship between the protector and the trustee, between the protector and the beneficiaries, and the protector’s responsibilities to the purposes of the trust. It will demonstrate with legal support that the role of the protector is not a new role, that, in fact, the protector is simply a new name for the decades-old position of trust “advisor,” and that the trust advisor is consistently regarded as a fiduciary in relevant treatises and has been repeatedly held to be a fiduciary in relevant cases. The discussion will also review and analyze the historical issues and professional commentary relevant to trust law and the role of protector, as well as case decisions in various international jurisdictions which have shed light on the issues and some of the positions taken in the statutes of a number of jurisdictions in the United States and across the world. All legal aspects of the role will be examined, including the rights of the protector, the protector’s relationship to the trustee, and the courts’ regard for and treatment of the position. Further, the work will discuss in detail all of the practical considerations in using a protector, such as selection and special drafting considerations, the use of a protector in a foundation, and, in brief, the numerous tax issues that may apply. The conclusion will be that with only very limited exception, which will be explained, the protector is unquestionably a fiduciary, and just as a trustee, he should be held to fiduciary standards. Accordingly, while it is certainly possible to grant personal powers to an individual under a trust, those powers per se conflict with the duties of a protector. And while it is also possible to reduce the fiduciary liability of a protector to a minimum, it is not possible to eliminate it entirely, regardless of trust language attempting to do so.
Book Synopsis A Treatise on the Law of Trusts and Trustees by : Jairus Ware Perry
Download or read book A Treatise on the Law of Trusts and Trustees written by Jairus Ware Perry and published by . This book was released on 1889 with total page 756 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis A Treatise on the Law of Trusts and Trustees by : Jairus Ware Perry
Download or read book A Treatise on the Law of Trusts and Trustees written by Jairus Ware Perry and published by . This book was released on 1899 with total page 794 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Trusts and Modern Wealth Management by : Richard C. Nolan
Download or read book Trusts and Modern Wealth Management written by Richard C. Nolan and published by Cambridge University Press. This book was released on 2018-05-31 with total page 609 pages. Available in PDF, EPUB and Kindle. Book excerpt: New essays by leading figures from the judiciary, practicing lawyers and academics illuminating the worlds of trusts and wealth management.
Book Synopsis Trusts and Duties of Trustees; Instruction Paper ... by : George Luther Clark
Download or read book Trusts and Duties of Trustees; Instruction Paper ... written by George Luther Clark and published by Theclassics.Us. This book was released on 2013-09 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1912 edition. Excerpt: ... know that a bailee, executor, administrator, or trustee, is bound to keep goods always in his own hands. They are to keep them as their own, and take the same care; if, therefore, a man lodged trust money with a banker, if lost, in many cases the court has discharged the trustee, especially if lost out of the banker's hands by robbery. In the present case what has been done is what she would have done with her own, and, therefore, she is not liable for the goods so lost." It is frequently the trustee's duty not to keep personal charge of trust funds. For example, it would not be considered due care for him to keep large sums of trust money at his residence. His duty is to deposit the money in a reputable bank at his earliest opportunity; and if he fails to do so he will be liable for the loss if the money is stolen. 163. Liability of Custodians of Public Funds. Though fiduciaries are generally liable only for due care and not as insurers, there is in most jurisdictions an exception in case of a public officer--e. g., a county treasurer--whose duty it is to have custody of public funds; he is liable as an insurer. Hence, it is no defense that he deposited the money in a reputable bank in his capacity as fiduciary; if the bank fails he must bear the loss. This doctrine is based on public policy. duty not to delegate the trust to another 164. General Rule. No one is bound to accept a trust, but after once accepting it he cannot convey the trust property to another or divest himself of any part of his trust duties at his pleasure. He must either get the permission of the cestui or cestuis--which will be sufficient only when they are all sui juris--or else secure a release from the proper equity court. 165. Transferee Has...
