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Wills Formalities Versus Testators Intention
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Book Synopsis Wills Formalities Versus Testator's Intention by : Mariusz Zalucki
Download or read book Wills Formalities Versus Testator's Intention written by Mariusz Zalucki and published by . This book was released on 2021-06-16 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years in particular, as a result of the very rapid development of various technologies, the phenomenon of so-called informal wills has appeared on a large scale in the practice of succession law. These are wills made by testators who, when disposing of their assets in the event of their death, do not make use of the forms of will provided for by the law. This is most often the result of ignorance or confusion as to the admissibility of a particular method of disposing of assets in the event of their death. In the light of the relevant provisions such a will is frequently invalid. Despite clear and convincing evidence and testation intentions, the testator's last will does not produce any legal effects regarding his estate. The inappropriateness of this kind of solutions was shown, among others, during the COVID-19 pandemic, when the need for making last wills has increased significantly, and has rarely been executed in a manner consistent with the formalities. Therefore, the main objective of this work is to design such a normative solution which could function in the provisions of succession law as one that constructs the legal figure of the form of a will.
Book Synopsis Wills Formalities Versus Testator's Intention by : Mariusz Załucki
Download or read book Wills Formalities Versus Testator's Intention written by Mariusz Załucki and published by . This book was released on 2021 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: In der erbrechtlichen Praxis häufen sich im Zuge der technischen Entwicklung "formlose Testamente“ von Erblassern, die nicht von den gesetzlich vorgesehenen Testamentsformen Gebrauch machen. Im Lichte der einschlägigen Vorschriften ist ein solches Testament meist unwirksam; der letzte Wille des Erblassers entfaltet trotz eindeutiger Testierabsicht keine Rechtswirkungen hinsichtlich seines Nachlasses. Während der COVID-19-Pandemie hat die Notwendigkeit des zügigen Abfassens von Testamenten deutlich zugenommen - die zugleich nur selten allen formalen Anforderungen entsprechen. Dieses Werk entwirft normative Lösungen zur Reform der Testamentsform, die es ermöglichen, den letzten Willen des Erblassers unabhängig von der Art und Weise der Errichtung und der Aufzeichnung wiederzugeben.
Book Synopsis Wills Formalities in the Twenty-First Century by : Bridget J. Crawford
Download or read book Wills Formalities in the Twenty-First Century written by Bridget J. Crawford and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Individuals have executed wills the same way for centuries. But over time, traditional traditional requirements have relaxed. This Article makes two principal claims, both of which disrupt fundamental assumptions about the purposes and functions of wills formalities. First, the traditional requirements that a will must be in writing and signed by the testator in the presence of (or acknowledged before) witnesses have never adequately served the stated their stated purposes. For that reason, strict compliance with formalities cannot be justified by their cautionary, protective, evidentiary and channeling functions. Reducing or eliminating most of the long-standing requirements for execution of a will is consistent with the true purpose of wills formalities - authenticating a document as the one executed by the testator with the intention of having it serve as the binding directive for the post-mortem distribution of the testator's property. This Article's account has important implications for the way that legal scholars, lawmakers and lawyers think about wills. The Article's second claim is that the substantive standard of the harmless error rule - that the decedent intended a particular document to be the decedent's last will and testament - should be the only threshold that must be satisfied for a court to admit the document to probate. Widespread adoption of such an intent-based rule is preferable to one that is overly formalistic. Current formalism leads both to false positives (i.e., grant of probate to a document not intended by the decedent as the decedent's will) and false negatives (i.e., denial of probate of document clearly intended by the decedent as the decedent's will). An intent-based rule would make more likely the valid execution of wills by poor and middle-income people who typically cannot or do not consult attorneys. An intent-based standard also sets the stage for widespread recognition of electronic wills, if states are able to address concerns about authentication, fraud and safekeeping of electronic documents. Technological developments could make estate planning in the twenty-first century more accessible than ever before to people of all wealth and income levels if the legal profession is prepared to embrace new ways of executing wills.
Book Synopsis Comparative Succession Law by : Kenneth G C Reid
Download or read book Comparative Succession Law written by Kenneth G C Reid and published by OUP Oxford. This book was released on 2011-10-06 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt: Launching a major new research project examining the principles of succession law in comparative perspective, this book discusses the formalities which the law imposes in order for a person to make a testamentary disposal of property. Among the questions considered are the following. How are wills made? What precisely are the rules - as to the signature of the testator, the use of witnesses, the need for a notary public or lawyer, and so on? Is there is a choice of will-type and, if so, which type is used most often and what are the advantages and disadvantages of each? How common is will-making or do most people die intestate? What happens if formalities are not observed? How can requirements of form be explained and justified? How did the law develop historically, what is the state of the law today, and what are the prospects for the future? The focus is on Europe, and on countries which have been influenced by the European experience. Thus in addition to giving a detailed treatment of the law in Austria, Belgium, England and Wales, France, Germany, Hungary, Italy, the Netherlands, Poland, and Spain, the book explores legal developments in Australia, New Zealand, the United States of America, and in some of the countries of Latin America with a particular emphasis on Brazil. It also includes chapters on two of the mixed jurisdictions - Scotland and South Africa - and on Islamic Law. The book opens with chapters on Roman law and on the early modern law in Europe, thus setting the historical scene as well as anticipating and complementing the accounts of national history which appear in subsequent chapters; and it concludes with an assessment of the overall development of the law in the countries surveyed, and with some wider reflections on the nature and purpose of testamentary formalities.
Book Synopsis Wills by : Alberta Law Reform Institute
Download or read book Wills written by Alberta Law Reform Institute and published by . This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Wills, Trusts, and Estates by : Gerry W. Beyer
Download or read book Wills, Trusts, and Estates written by Gerry W. Beyer and published by Aspen Publishers. This book was released on 1999 with total page 660 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Book Synopsis Testamentary Formalities by : Marius Johannes De Waal
Download or read book Testamentary Formalities written by Marius Johannes De Waal and published by . This book was released on 2011 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt: Launching a major new research project examining the principles of succession law in comparative perspective, this book discusses the formalities which the law imposes in order for a person to make a testamentary disposal of property. Among the questions considered are the following. How are wills made? What precisely are the rules - as to the signature of the testator, the use of witnesses, the need for a notary public or lawyer, and so on? Is there is a choice of will-type and, if so, which type is used most often and what are the advantages and disadvantages of each? How common is will-making or do most people die intestate? What happens if formalities are not observed? How can requirements of form be explained and justified? How did the law develop historically, what is the state of the law today, and what are the prospects for the future? The focus is on Europe, and on countries which have been influenced by the European experience. Thus in addition to giving a detailed treatment of the law in Austria, Belgium, England and Wales, France, Germany, Hungary, Italy, the Netherlands, Poland, and Spain, the book explores legal developments in Australia, New Zealand, the United States of America, and in some of the countries of Latin America with a particular emphasis on Brazil. It also includes chapters on two of the mixed jurisdictions - Scotland and South Africa - and on Islamic Law. The book opens with chapters on Roman law and on the early modern law in Europe, thus setting the historical scene as well as anticipating and complementing the accounts of national history which appear in subsequent chapters; and it concludes with an assessment of the overall development of the law in the countries surveyed, and with some wider reflections on the nature and purpose of testamentary formalities.
Book Synopsis Wills Act Compliance and the Harmless Error Approach by : Peter T. Wendel
Download or read book Wills Act Compliance and the Harmless Error Approach written by Peter T. Wendel and published by . This book was released on 2017 with total page 61 pages. Available in PDF, EPUB and Kindle. Book excerpt: What degree of compliance with the Wills Act formalities should the courts require when analyzing whether a will has been properly executed? The conventional wisdom is that historically courts have insisted on absolute strict compliance, favoring formalities over testamentary intent. In 1975, Prof. John Langbein argued that substantial compliance with the Wills Act formalities should suffice. A little over a decade later, he modified his proposal, arguing for a harmless error approach.Prof. Langbein's proposals have been well received. Many academics have endorsed them. The Uniform Probate Code and the Restatement (Third) of Property have adopted his harmless error approach. Yet relatively few states have adopted either proposal. If Prof. Langbein's substantial compliance/harmless error proposals are so much better than strict compliance, what explains the failure of most jurisdictions to adopt either of them?This Article argues that (1) many of the states intuitively realize that the issue is not as simple as Prof. Langbein depicts it - that 'strict compliance' is neither as monolithic nor as strict as he portrays it; (2) most jurisdictions, in fact, do not apply the strict compliance approach he describes but rather a variation of it - flexible strict compliance; and (3) the real issue is not whether substantial compliance/harmless error is better than traditional strict compliance, but whether substantial compliance/harmless error is better than flexible strict compliance - and the answer to that question is far from obvious. Flexible strict compliance adopts a more pragmatic approach to the public policy considerations underlying the Wills Act formalities, eschewing the functional approach and instead favoring an approach that balances testator's intent with costs of administration and the potential for fraud, resulting in an approach that is more efficient than either substantial compliance or harmless error.
Book Synopsis Wills, Trusts, and Estates by : Jesse Dukeminier
Download or read book Wills, Trusts, and Estates written by Jesse Dukeminier and published by Aspen Publishers. This book was released on 2000 with total page 1178 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this timely new edition, distinguished authors Dukeminier and Johanson build on the success of their phenomenally popular casebook Wills, Trusts, and Estates with new coverage of non-traditional family arrangements, living wills, and much more. the authors blend cases selected for human interest as well as teaching value with provocative hypotheticals, cartoons, photographs, and other illustrations to comprehensively cover this area in a very lively, readable manner. Organized logically, The book begins with estate planning and its limitations, moves to wills and will substitutes, progresses to trusts, and concludes with a chapter on taxation. New topic coverage includes: babies inadvertently swapped in hospitals, surrogate mothers, lesbian adoption, and artificial insemination (including children conceived after sperm donor's death) living wills and powers of attorney for health care, including the Cruzan case And The Uniform Health Care Decisions Act a new chapter combining mental capacity and undue influence, which features the Seward Johnson will contest and related preventive lawyering issues shortened, more teachable chapters on future interests and perpetuities latest changes To The Uniform Probate Code a completely revised and reorganized trustee administration chapter Like its predecessors, this book is a lively, flexible, and understandable teaching tool that is accompanied by a detailed and witty Teacher's Manual, which is regarded as the best in the field.
Book Synopsis Restatement of the Law of Property by : American Law Institute
Download or read book Restatement of the Law of Property written by American Law Institute and published by . This book was released on 1936 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Principles of Equity and Trusts by : Graham Virgo
Download or read book The Principles of Equity and Trusts written by Graham Virgo and published by . This book was released on 2020-07-02 with total page 777 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Principles of Equity and Trusts offers a refreshing, student-focused approach to a dynamic area of law. In the fourth edition of his best-selling textbook, Professor Graham Virgo brings his expertise as a teacher to deliver an engaging, contextual account of the essential principles oftrusts and their equitable remedies.Virgo states the law in plain terms before building on an area of debate and encouraging students to fully engage with the inherent issues within the subject. Concise and authoritative analysis enables students to grasp the principles of trusts, develop the confidence to engage fully with thesubject area, and excel in their studies.Virgo approaches the topics with unparalleled clarity and provides the academic rigour for which this text has come to be relied upon. Combining expert knowledge and comprehensive coverage, The Principles of Equity and Trusts is the ideal companion to a course in trusts.Online resourcesThe textbook is accompanied by extensive online resources aimed at supporting and enhancing student's knowledge of the topics learned within the book. This includes self-test and scenario-style questions, videos from the author, web links to key cases, articles and statutory materials, andflowcharts and diagrams exploring legal concepts. There will also be updates to changes in the law that explore key developments in the subject area.
Book Synopsis The Principles of Equity & Trusts by : Graham Virgo
Download or read book The Principles of Equity & Trusts written by Graham Virgo and published by Oxford University Press. This book was released on 2018 with total page 735 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'The Principles of Equity and Trusts' brings an engaging contextual approach to the subject. Graham Virgo overcomes the complex issues in the study of trusts and equity with unparalleled clarity, offering a rigorous and insightful commentary on the law and its contemporary contexts.
Book Synopsis Emanuel Law Outlines for Wills, Trusts, and Estates Keyed to Sitkoff and Dukeminier by : Peter T. Wendel
Download or read book Emanuel Law Outlines for Wills, Trusts, and Estates Keyed to Sitkoff and Dukeminier written by Peter T. Wendel and published by Aspen Publishing. This book was released on 2022-10-25 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: Any law school graduate will tell you that when picking your outline tool you need to pick the best because your outlines are the most important study tool you will use throughout your law school career. Developed by legendary study aid author Steve Emanuel, Emanuel® Law Outlines (ELOs) are the #1 outline choice among law students. An ELO ensures that you understand the concepts as you learn them in class and helps you study for exams throughout the semester. Here's why you need an ELO from your first day of class right through your final exam: ELOs help you focus on the concepts and issues you need to master to succeed on exams. They are easy to understand: Each ELO contains comprehensive coverage of the topics, cases, and black letter law found in your specific casebook, but is explained in a way that is understandable. The Quiz Yourself and Essay Q&A features help you test your knowledge throughout the semester. Exam Tips alert you to the issues and fact patterns that commonly pop up on exams. The Capsule Summary provides a quick review of the key concepts covered in the full Outline—perfect for exam review!
Book Synopsis Casenote Legal Briefs for Wills, Trusts, and Estates Keyed to Sitkoff and Dukeminier by : Casenote Legal Briefs
Download or read book Casenote Legal Briefs for Wills, Trusts, and Estates Keyed to Sitkoff and Dukeminier written by Casenote Legal Briefs and published by Aspen Publishing. This book was released on 2022-06-30 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: After your casebook, a Casenote Legal Brief is your most important reference source for the entire semester. Expert case studies and analyses and quicknote definitions of legal terms help you prepare for class discussion. Here is why you need Casenote Legal Briefs to help you understand cases in your most difficult courses: Each Casenote includes expert case summaries, which include the black letter law, facts, majority opinion, concurrences, and dissents, as well as analysis of the case. There is a Casenote for you! With dozens of Casenote Legal Briefs, you can find the Casenote to work with your assigned casebook and give you the extra understanding of all cases Casenotes in 1L subjects include a Quick Course Outline to help you understand the relationships between course topics.
Book Synopsis Examples & Explanations for Wills, Trusts, and Estates by : Gerry W. Beyer
Download or read book Examples & Explanations for Wills, Trusts, and Estates written by Gerry W. Beyer and published by Aspen Publishing. This book was released on 2018-12-01 with total page 784 pages. Available in PDF, EPUB and Kindle. Book excerpt: A favorite classroom prep tool of successful students that is often recommended by professors, the Examples & Explanations (E&E) series provides an alternative perspective to help you understand your casebook and in-class lectures. Each E&E offers hypothetical questions complemented by detailed explanations that allow you to test your knowledge of the topics in your courses and compare your own analysis. Here’s why you need an E&E to help you study throughout the semester: Clear explanations of each class topic, in a conversational, funny style. Features hypotheticals similar to those presented in class, with corresponding analysis so you can use them during the semester to test your understanding, and again at exam time to help you review. It offers coverage that works with ALL the major casebooks, and suits any class on a given topic. The Examples & Explanations series has been ranked the most popular study aid among law students because it is equally as helpful from the first day of class through the final exam.
Book Synopsis Wills, Trusts, and Estates by : Reid Kress Weisbord
Download or read book Wills, Trusts, and Estates written by Reid Kress Weisbord and published by Aspen Publishing. This book was released on 2022-10-27 with total page 724 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Contemporary Trusts and Estates by : Susan N. Gary
Download or read book Contemporary Trusts and Estates written by Susan N. Gary and published by Aspen Publishing. This book was released on 2016-10-18 with total page 980 pages. Available in PDF, EPUB and Kindle. Book excerpt: The third edition of Contemporary Trusts and Estates captures the rapid evolution of doctrine in trusts and estates law that has occurred over the past half-century in response to profound societal and demographic changes. Based on recent developments in legal education, this casebook integrates legal analysis, judgment and perspective, ethics, and practice skills. It focuses simultaneously on the theoretical foundations and practical applications of the material, teaching students by using traditional case analysis and, at the professor’s option, innovative exercises. Features: Newly designed, with Wills now presented before Trusts New problems, exercises and cases ¿ Post-Obergefell v. Hodges developments for same-sex families More material on decanting and the new Uniform Trust Decanting Act Inclusion of the Uniform Powers of Appointment Act Discussion of planning for digital assets Incorporation of 2016 ACTEC Commentary on the Model Rules
