Averill's Black Letter Outline on Wills, Trusts, and Future Interests, 3d

By Lawrence H. Averill Jr.

ISBN-13: 9780314155320

Availability: In Stock

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Series: Black Letter Outline

Brand: West Law School

Pages: 830

Components: 1 Print

Shelf Space: 1 in.

Free Update Period: 90 days

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Description

This book provides students with a basic explanation of the law related to the gratuitous transfer of property. Concepts are explained using charts, problems and illustrations. The book is divided into ten sections that relate to the commonly segregated parts of gratuitous transfer law.

Features

For an in-depth study of a point of law, gives citations to major student texts
Practice examinations
Review questions and answers
Table of cases
Text Correlation Chart relates material contained in the Black Letter to appropriate sections of the student's casebook

Summary Of Contents

Capsule Summary
Perspective
Part One. Introduction to Gratuitous Transfers
1. Scope and History of Gratuitous Transfers
  1. Scope of Subject
  2. Brief History
2. Administration of Estates and Trusts
  1. The Judicial Involvement in Property Transmission
  2. Court Versus Noncourt Transactions
  3. Jurisdictional Issues
  4. Review Questions
3. Judicial Procedure and Evidence
  1. Parties and Pleadings
  2. Burdens of Proof and Presumptions
  3. Introduction to Interpretation
  4. Substantive Evidence Rules: Restrictions on Admissibility
  5. Review Questions
4. Professional Responsibility
  1. General Application of Ethical Standards
  2. Competence
  3. Confidentiality
  4. Loyalty
  5. Estate Planning
  6. Review Questions
Part Two. Intestate Succession and Related Doctrines
1. Estate Plan by Operation of Law
  1. General Patterns of Intestate Succession
  2. Shares of the Takers
  3. Representation
  4. Ancestors and Collaterals
  5. Escheat
  6. Review Questions
2. Taker Qualifications
  1. Questions of Status
  2. Survivorship and Simultaneous Death
  3. Consanguinity
  4. Affinity
  5. Adoption
  6. Definition of Spouse
  7. Cohabitors
  8. Nonmarital Children
  9. Review Questions
3. Bars to Inheritance
  1. Effect of Prior Transactions on Inheritance Rights
  2. Misconduct
  3. Termination of Marital Status
  4. Disclaimer
  5. Alienship
  6. Negative Wills
  7. Review Questions
Part Three. Testamentary Transfers
1. Execution of Wills
  1. Will Formality Overview
  2. The Formal Requirements of Attested Wills
  3. Unattested Wills
  4. Special Wills
  5. Review Questions
2. Revocation of Will
  1. Revocation Requirements
  2. Reestablishing Revoked or Apparently Revoked Wills
  3. Review Questions
3. Defining the Scope of the Will
  1. Policy of the Statute of Wills
  2. Integration of Wills
  3. Republication by Codicil
  4. Incorporation by Reference
  5. Reference to Facts of Independent Significance
  6. Review Questions
4. Will Contests and Will Substitute Suits
  1. Proving the Will
  2. Limitations on the Rights of Probate and Contest
  3. Grounds of Contest
  4. Inter Vivos Transfers
  5. Review Questions
5. Constructional Problems of Dispositions
  1. General Comment
  2. Classification of Testamentary Gifts
  3. Lapse and Antilapse
  4. Ademption
  5. Accessions
  6. Abatement
  7. Miscellaneous Matters
  8. Beneficiary Status
  9. Review Questions
Part Four. Lifetime Transfers
1. Will Substitutes
  1. Will Substitute Basic Requirements
  2. Joint Ownership
  3. Contractual Survivorship
  4. Conditional Deeds
  5. Nondocumented Gratuitous Transfers
  6. Gifts to Minors
  7. Review Questions
2. Planning for Retirement and Incapacity
  1. General Concepts and Techniques
  2. Durable Powers of Attorney
  3. Health Care Decisions
  4. Physician Assisted Suicide
  5. Public Programs for Incapacity and Retirement
  6. Long Term Care Planning
  7. Organ Donation
  8. Review Questions
Part Five. Powers of Appointment
1. Introduction To Powers
  1. Definition of Power of Appointment
  2. Creation of A Power of Appointment
  3. Different Kinds of Powers of Appointment
  4. Review Questions
2. Exercise of a Power of Appointment
  1. Exercise of a Power of Appointment
  2. Excessive Appointment—Fraud on Power of Appointment
  3. Interests Creatable by Exercise of Power of Appointment
  4. Contract to Appoint Power of Appointment
  5. Time of Exercise of Power of Appointment
  6. Appointment to Deceased Persons
  7. Review Questions
3. Nonexercise of Powers of Appointment
  1. Release and Disclaimer of Powers of Appointment
  2. Disclaimer by Object or Appointee
  3. Review Questions
4. Donee’s Creditors and Spousal Elections
  1. General Application
  2. Creditors of the Donee
  3. Spousal Rights in Appointive Assets
  4. Review Questions
Part Six. Trusts
1. Trusts: Definitions And Characteristics
  1. Trust Characteristics
  2. The Trustee
  3. The Trust Property
  4. The Beneficiaries
  5. Trust Purposes
  6. Comparisons with Other Transactions
  7. Review Questions
2. Trust Formalities: Creation and Termination
  1. Intent to Create a Trust
  2. Formalities for Trusts
  3. Revocation and Termination of Trusts
  4. Review Questions
3. Revocable Trusts
  1. Definition and Application of Revocable Trusts
  2. Settlor Control Over Revocable Trusts
  3. Review Questions
4. Trust Interests and Relationships
  1. Enforceability of Beneficial Interests
  2. Transfer of a Beneficiary’s Interest
  3. Review Questions
5. Trust Modification and Termination
  1. Trust Modification and Termination by the Settlor
  2. Trust Modification and Termination by the Trustee
  3. Trust Modification and Termination by the Beneficiaries
  4. Trust Modification and Termination by the Court
  5. Review Questions
6. Charitable Trusts
  1. History of Charitable Trusts
  2. General Nature of Charitable Trusts
  3. Charitable Purpose
  4. Illegal and Public Policy Limitations
  5. Indefinite Beneficiary
  6. Interrelated Factors
  7. Discriminatory Trusts
  8. Cy Pres
  9. Honorary Trusts
  10. Charitable Corporations
  11. Supervision of Charitable Trusts
  12. Review Questions
Part Seven. Regulation of Disposition
1. Policy Limitations on Freedom of Disposition
  1. Rights of Property Ownership, Transferability and Succession
  2. Allowances, Homesteads, and Exemptions
  3. Surviving Spouse Protection from Disinheritance
  4. Unintentional Disinheritance
  5. Other Public Policy Regulations and Prohibitions
  6. Review Questions
2. Voluntary Regulation of Disposition
  1. Will Contracts
  2. Settlement Agreements
  3. Doctrine of Equitable Election
  4. Review Questions
Part Eight. Future Interests and Perpetuities
1. Classification of Estates and Future Interests
  1. Introduction to Estates in Land and Future Interests
  2. The Importance and Process of Classification
  3. The Process of Classification
  4. Review Questions
2. Consequences of Classification
  1. Introduction to Consequences of Classification
  2. Alienability of Future Interests
  3. Summary Comparison of Three Future Interest Rules
  4. The Destructibility of Contingent Remainders
  5. The Rule in Shelley’s Case
  6. The Doctrine of Worthier Title
  7. Express and Implied Conditions of Survival
  8. Review Questions
3. Class Gifts
  1. Definition of a Class Gift
  2. Class Closing
  3. Review Questions
4. Rule Against Perpetuities and Related Doctrines
  1. Basic Requirements of the Rule Against Perpetuities
  2. Perpetuity Reform
  3. The Uniform Statutory Rule Against Perpetuities (USRAP)
  4. Class Gifts Under the Rule Against Perpetuities
  5. Powers of Appointment under the Rule Against Perpetuities
  6. Charitable Gifts and Commercial Transactions under the Rule Against Perpetuities
  7. Review Questions
Part Nine. The Fiduciary Obligation
1. Concept of the Fiduciary
  1. The Fiduciary
  2. The Personal Representative
  3. The Trustee
  4. The Guardian
  5. Review Questions
2. Duties of Fiduciaries
  1. The General and Common Duties of a Fiduciary
  2. Standard of Care, Skill and Prudence
  3. Duty of Loyalty
  4. Duty Not to Delegate
  5. Duty to Identify and Segregate Trust Property
  6. Duty to Take Control of Assets and to Make Accounts
  7. Duty to Account
  8. Review Questions
3. Powers of Fiduciaries
  1. Powers Concept
  2. The Investment Function
  3. Allocating Receipts and Expenditures between Principal and Income
  4. Review Questions
4. Liability of Fiduciaries and Others
  1. General Fiduciary Liability
  2. A Fiduciary’s Liability to Third Parties
  3. Third Party Liability to Trust or Beneficiary
  4. Review Questions
Part Ten. Taxation
1. Taxation Overview
  1. The Place for Taxation
  2. Unified Transfer Tax System
  3. Economic Growth and Tax Relief Reconciliation Act of 2001 [EGTRRA]
  4. Tax Planning Considerations
  5. Black Letter Approach
  6. Review Questions
2. Gift and Estate Taxes
  1. The EGTRRA System
  2. The Modified Unified Tax System
  3. The Federal Gift Tax
  4. The Estate Tax
  5. Review Questions
3. Deductions From the Gross Estate
  1. General Scope
  2. Expenses, Debts, and Losses
  3. Marital Deduction
  4. Charitable Deduction
  5. Review Questions
4. Federal Generation-Skipping Transfer Tax
  1. Generation-Skipping Transfer Tax
  2. Review Questions
Appendices
1. Answers to Review Questions
2. Practice Exam Questions
3. Text Correlation Chart
4. Table of Cases
5. Index of Key Terms
Summary of Contents