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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Personal property law > Equity & trusts
Almost everyone experiences the duties of a Trustee as a once in a life time event. Unless you are a professional fiduciary, you will not have had occasion to work in this capacity before. This means that you are liable to make mistakes - sometimes very serious ones - because of lack of experience in these matters. That is why this book is so valuable to you. Here we provide you both important answers and psychological relief. You can move forward with confidence, knowing that you have all the right questions covered and you have received the correct answers from true professionals. The book is very easy reading because it is provided in a question and answer format. You want to know what you need to know and you want to be assured that you are asking all the right questions. The authors have decades of experience in the field of estate planning. They apply their considerable knowledge of working with trustees on the settlement of a wide variety of estates to make you feel confident that you will be able and prepared to perform your duties. You will get the answers you need and you can be assured that the subject is covered very thoroughly. So, if you are looking for a book on the settlement of an estate, or if you need to know what you have to do as a trustee, this is the perfect book for you. So let me congratulate you. You have done the right thing, made a wise choice in purchasing this book. Questions? Contact the authors at [email protected].
A gift made through a will or living trust can be flexible, easy to arrange, and may be changed as your life changes. Many people choose to create both a will and revocable living trust instead of solely relying on a will. They like the cost and time savings, plus the added control over assets that living trusts can provide. "Give Through A Will & Living Trust" can help you put your wishes into writing and help you understand the legal documents you create. You'll discover how to: make a gift of a specific amount, provide for a gift of a particular property, reduce the potential family conflicts, designate a percentage of your estate that will be given to your family, friends, and/or favorite charity through your will or living trust, specify funeral wishes, reduce stress and heartache for loved ones, expedite the legal process, and much more. The purpose of creating a will and/or living trust is to ultimately help you better realize a vision for your estate and, in turn, your legacy. While your intentions and directions may be clear, it is vitally important that the will and/or living trust be properly drafted, so that you and your beneficiaries can reap the benefits you intend. If you haven't stopped to consider how a will or living trust can help you pass on your legacy, you should consider creating one immediately. Protecting wealth for future generations should be one of your top priorities. Sample Forms Include: Wills Last Will and Testament (for single and married couples) Self-Proving Affidavits Living Will Trusts Single Person Living Trust Shared Living Trust AB Living Trust (with and without Disclaimer Statement) The Legal Self-Help Guide series provides information to those who want to understand their legal rights and responsibilities in an effort to resolve legal problems or know enough to feel confident in their decision to retain legal counsel. This Guide provides plain-English explanations as an alternative to the legal jargon that fills legal books Express Your Rights. At Peerless Legal we believe the law is only useful when people have the tools they need to understand their rights. Join us on our quest to make the law usable and accessible to anyone. Peerless Legal was founded with quality in mind. All of our products are created by a licensed attorney who believes in our mission to empower individuals by giving them the legal self-help tools to access legal information, make decisions, and engage the system. You can take part by turning information into actions. No CDs No Confusing Online Application Forms No Monthly (Or Hourly) Fees Save Time Save Money Make It Legal Learn Basics
One of the fastest ways to transfer property after your death is through a living trust because trusts are not required to go through probate court. In addition to saving time and avoiding probate costs, a trust lets you control who will receive property after you die. "8 Living Trust Forms" helps you create your own living trust forms to meet your needs. You'll discover how to: avoid probate, distribute property quickly, keep property distributions private, provide an alternative to creating a will, ensure your possessions will be distributed as you wish, reduce the potential family conflicts, and much more. For many people, a will is their first choice for passing on property to their loved ones, but it's not the only document that should be considered. Both a will and living trust contain your inheritance instructions, meaning they state who gets what property, when they will get it, and how they will get it. To create a living trust, a lawyer is not required or necessary, especially for simple living trusts. All you really need is a little bit of intelligence and the right information. A living trust can be an important part--and in some cases, the most important part--of your estate. A living trust can help ensure that your assets are managed according to your wishes, even if you become unable to manage the trusts yourself. Sample Living Trust Forms Include: Single Person Living Trust Married Living Trust Married AB Living Trust Florida Witness Statement for Living Trust Assignment of Property to a Living Trust Affidavit of Assumption of Duties by Successor Trustee Living Trust Amendment Revocation of Living Trust Checklist The Legal Self-Help Guide series provides information to those who want to understand their legal rights and responsibilities in an effort to resolve legal problems or know enough to feel confident in their decision to retain legal counsel. This Guide provides plain-English explanations as an alternative to the legal jargon that fills legal books. Express Your Rights. At Peerless Legal we believe the law is only useful when people have the tools they need to understand their rights. Join us on our quest to make the law usable and accessible to anyone. No CDs No Confusing Online Application Forms No Monthly (Or Hourly) Fees Save Time Save Money Make It Legal Learn Basics Learn more and get updates at www.PeerlessLegal.com.
This book will guide you, step-by-step, as you to get your financial and legal affairs in order after the death of your Spouse. Some of the topics included are: do you need to probate; how to organize and manage your finances; how to apply for social security, insurance and retirement benefits; when you need an accountant; what if your Spouse owned a business; how to pick an attorney; how to get your own affairs in order; beneficiary designations; power of attorney; medical power of attorney; guardians; wills; trusts; how you can avoid probate. There are no do-it-yourself legal forms, but there are 10 forms and checklists you can download (included in the price of the book) which streamline the process and save you time and energy. A Personal Note from the Author "Although I've been an estate planning and probate attorney for 30 years, I'm really in the peace of mind business. Once your affairs are in order, you will have made things as easy as possible for yourself and you will achieve peace of mind."
In "Administering the California Special Needs Trust, " author Kevin Urbatsch presents a guide for anyone assigned the duty of managing a Special Needs Trust for a person with a disability. Though geared toward those who never have administered a trust, it also provides sophisticated answers for experienced trustees concerning some of the unique responsibilities a trustee of a special needs trust will encounter. Urbatsch, a California attorney who has years of experience in assisting trustees to manage special needs trusts, has written extensively for both attorneys and families on how best to establish a special needs trust. "Administering the Special Needs Trust" addresses specific California issues that a special needs trust trustee encounters daily. In a question-and-answer format, it addresses how to avoid the most common mistakes made by SNT trustees; understand the type of public benefits available for California persons with disabilities; learn how SNT disbursements will affect these public benefits; best pay for a person with a disability's housing, caregiver costs, transportation, and related expenses; handle SNT investments, accountings, and taxes; terminate the SNT. With checklists, form documents, and law summaries included, "Administering the Special Needs Trust" contains a wide range of information for those charged with the responsibility of managing a special needs trust for people with disabilities.
This vital American Classic outlines, simply and concisely, the rules which govern the management of trust estates, and the relationship existing between the trustee and beneficiary. 1898 UNIVERSITY PRESS BOSTON: LITTLE, BROWN, AND COMPANY. 1898.
Kathleen Dean Moore begins with a review of the history of thought and practice on the subject of legal pardons, illustrated with a rich and fascinating variety of historical cases. She then addresses many crucial issues surrounding acts of clemency, including what justifies pardoning power, who should be pardoned, and the definition of an unforgivable crime. She carefully analyses the moral justification of pardons, discussing how to distinguish between justifiable, even morally obligatory, cases and unjustifiable abuses of clemency power.
New Strategies for asset protection, estate planning and privacy. The author, attorney Robert J. Mintz, describes the latest strategies for insulating and shielding assets from potential lawsuit liability. Detailed examples, diagrams, and real life case studies are provided for using Family Limited Partnerships, Limited Liability Companies, Asset Protection Trusts and creative privacy plans. Offshore corporations and bank accounts are clearly explained and the advantages and disadvantages of popular techniques are presented.
Hierdie is die vyfde uitgawe van die boek wat vir die eerste keer in 1992 as 'n relatief bondige teks, spesifiek gemik op studente in die erfreg, verskyn het. Die boek het egter deur sy opeenvolgende uitgawes tot 'n meer algemene bron vir die Suid-Afrikaanse erfreg ontwikkel. Tog is dit deur sy aanslag, aanbiedingswyse en sistematiek steeds ideaal om ook as handboek in erfregkursusse gebruik te word. Die huidige weergawe poog weereens om aan die leser 'n omvattende oorsig oor die verskillende fasette van die erfreg te gee, met inagneming van die jongste ontwikkelings wat hierdie regsgebied beinvloed het.
In Scots law, the legal concept of the trust has a long history of
development and, over that time, has come to take on a number of
characteristics. Because of this, there is no single definition of
a trust that covers every example of the trust relationship. That's
where Trusts Law Essentialscomes in. This concise volume will
quickly introduce you to the Scots law of trusts, from creating a
trust and appointing trustees to conflicts on interest and the
termination of trusts. It also looks at the different purposes of a
trust and the particular issues surrounding charities and
charitable trusts.
A new, updated edition of the ultimate guide to trusts Trusts are powerful and flexible financial planning tools, and this new edition of The Complete Book of Trusts covers everything you need to know to protect your hard-earned assets from taxes, creditors, and more. This updated Third Edition provides all the latest information on trusts, addressing recent changes due to economic growth and the Tax Relief Reconciliation Act of 2001 in such areas as transferring assets, distribution of income, gift and estate tax rules, and many others. Along with in-depth examinations of sixty different types of trusts, this book also shows you how to:
The Complete Book of Trusts, Third Edition is an invaluable resource for anyone with significant assets to protect.
Risk and Negligence in Wills, Estates, and Trusts provides essential guidance for all will draftsmen. It offers in-depth analysis of negligence and wills, together with commentary on safe practice and the avoidance of risk. Together the areas covered provide a framework for the safe practice that is now essential in this much disputed area of work. This updated edition examines the new developments in will preparation and what is needed for safe practice as well as the important cases since the last edition. This work contains indispensable practical guidance, tailored to meet the demands of all those involved in wills, trusts, and estates and disputes relating to them. Practical advice in establishing best practice to avoid disputes is given and the appendices include practical forms and checklists to assist this. In addition there is analysis of the allied subjects of estate and trust administration and commonly encountered problem areas. A section also concentrates on duties in relation to taxation aspects of this work. Negligence and private client work is a fast developing area of modern law. The recent financial crisis has helped to focus attention closely on what risk is and how it should be managed. This has not merely been in the financial sector but in all areas of business. The legal profession has seen some major financial failures and an operating climate that is increasingly difficult. The rise in PI claims, the insurers' restrictions on cover, and the increased cost of cover have led to an increased focus on professional ability and risk management. Therefore, knowledge of the risks, what constitutes safe practice, and how to manage risk, are essential for anyone practising in this area.
This work traces the history of the English Law of obligations from the twelfth century to the present day. It aims to cut through technicalities and to be comprehensible to readers other than specialist legal historians. It should be of interest to all those wanting to understand how the English Common law has revolved.
The new edition of this leading work continues to provide full analysis of the legal and practical aspects arising in trusts disputes, with attention to jurisdiction-specific issues covering ten of the most relevant territories. Since the last edition the law has developed at a fast pace and trust disputes continue to increase as international trusts reach the second, third and sometimes fourth generation of beneficiary. In particular, there have been changes made to the law of succession in England and Wales (Intestacy Rules 2014) and case law such as Ilott v The Blue Cross [2017] which consider the implications for family provision under the Inheritance (Provision for Family and Dependants) Act 1975. Developments relating to the position of trusts in matrimonial disputes are analysed and the issues for trust disputes and rights to information under The Data Protection Act (Dawson Damer v Taylor Wessing [2017]) are also included. Other important case law which is now considered include Pitt v Holt, re Futter [2013] and the development of the law of mistake thereafter, and the Pugachev litigation on sham trusts. International Trust Disputes provides a comprehensive and thorough treatment of this topic. Acting as a specialist guide for practitioners, it offers a survey of the special considerations that may arise with regard to trust disputes as well as a definitive guide to the issues which may be encountered in the jurisdictions where disputes are most likely to take place.
Equity & Trusts: Text, Cases, and Materials provides a comprehensive guide to trusts and equity in a single volume. Drawing on a judiciously balanced selection of case extracts, journal articles, and academic writing, Davies and Virgo present their authoritative commentary on the law with clarity and rigour. The text guides students through the key legal principles of each case, utilizing supporting learning features to highlight important aspects and help develop students' independent research skills. Central Issues boxes introduce each chapter to identify the key themes examined and scenario-based questions frame the law in a practical context, encouraging students to think creatively around the subject and assess their own understanding. This text offers a holistic approach to the study of equity and trusts. Using their unrivalled teaching experience, the authors bring together an expertly selected collection of cases and legal scholarship to present a text that is firmly student-focused, enabling students to fully grasp the key concepts and achieve the best possible results. Online Resources Supporting answer guidance to the end of chapter questions is offered online.
Private foundations are now offered as an alternative to traditional trusts in a growing number of international financial centres and an increasing number of practitioners - in the relevant jurisdictions and elsewhere - are asked to advise clients who are thinking of protecting their wealth in this way. As more jurisdictions introduce legislation, there is a greater need for practitioners to have a clear understanding of the law underpinning the creation and running of foundations. Written by a leading expert, Private Foundations: Law and Practice is an invaluable resource for anyone advising on or involved in the establishment and maintenance of private foundations. Each chapter discusses a fundamental aspect of private foundation law, with reference throughout to the most significant civil and common law jurisdictions. The author discusses not only the creation and management of private foundations, but also looks carefully at the powers, rights, and liabilities of their founders, officers, and beneficiaries. Every topic is analysed with reference to the legislation and case law of a number of key civil law jurisdictions (Liechtenstein, Austria, Panama, and Malta) as well as to the developing law in selected common law jurisdictions (St Kitts, Bahamas, Anguilla, Belize, Jersey, Guernsey, the Isle of Man, the Seychelles, Mauritius, and the Cook Islands). Offering a rigourous and analytical review of the law relating to private foundations, this book is ideal for anyone involved in this developing area of wealth management.
As globalisation continues apace, opportunities are arising for practitioners in trust jurisdictions that did not exist a few years ago. Growth continues in the traditional trust jurisdictions, especially in civil law jurisdictions where trusts and foundations have previously been used in a limited capacity. In parallel, the concept of the foundation has been adopted by several common law jurisdictions that, until recently, have relied exclusively on trusts - notably Jersey and Gibraltar. The fifth edition of 'Trusts in Prime Jurisdictions' has been fully updated and features a number of new chapters on topics including trust and real estate trust in Israel, what it means to be a fiduciary family office, the role of the trust protector, Islamic (Waqf) trusts, and trusts in relation to divorce. In addition, new for this edition are chapters on Germany and Bermuda. Produced in association with STEP, this edition provides a solid grounding in the use of trusts in a wide range of important jurisdictions and contexts. It also examines related topics such as trust taxation, anti-money laundering laws, the OECD initiative, CRS, exchange of information, transparency of registers and the notion that countries are entitled to collect taxes beyond their borders, among others. Written by leading professionals and recognised academics, many of whom are STEP members, the fifth edition of 'Trusts in Prime Jurisdictions' will be an essential resource for all lawyers, trust practitioners and banking professionals working in the field.
The discipline of offshore financial law has developed substantially since the first edition of this book was published. The second edition updates the reader with developments in case law and legislation and also covers a more extensive range of offshore jurisdictions including new coverage of Switzerland, Dubai, Hong Kong, Alaska, Nevada, Singapore, and Liechtenstein. For ease of reference the new edition includes an introductory chapter which gives a summary of the legislative infrastructure in the various jurisdictions. This provides a quick guide to where to find answers on offshore financial law matters. Recognizing the importance of Islamic finance there is now a chapter on the Shari'a Trust in offshore financial law. Other new chapters focus on US 'Offshore' Trusts such as the Nevada and Alaska Trusts and the Foundation trust, a vehicle used in civil jurisdictions. Considering the impact of the G20 and more recent OECD discussions on confidentiality, disclosure, and tax issues, this new edition brings the reader up to date with the changing regulatory landscape concerning the offshore sector. All practitioners and scholars interested in offshore financial law will find this text to be an essential reference source on the law and practice in this sector.
This well-established and respected textbook has been relied upon by students and academic scholars for nearly 50 years. Praised for the clarity of the writing, the comprehensive scope of the content and the high level of critical analysis, Professor Philip Pettit builds on the strengths of the book to offer students a rigorous and yet readable account of equity and trusts law. The basic structure of the previous edition has not been substantially altered. The diagrams introduced in the 11th edition have been well received and have been retained, as has the glossary. There has been some rearrangement of matters within chapters which will, it is hoped, clarify the exposition. Online Resource Centre Three additional chapters can be accessed on the Online Resource Centre: Conversion and Reconversion; Satisfaction, Ademption and Performance; and The Equitable Doctrine and Election. Along with the chapters appearing in the 12th edition, these chapters have been updated to reflect changes in the field.
This collection of essays celebrates the life and work of Peter Birks, who was Regius Professor of Civil Law at the University of Oxford, and Fellow of All Souls College. Widely known as one of the most prolific legal scholars for over twenty years, his contribution to English obligations law is legendary. He was Founder of the Clarendon Law Lectures, editor of the Clarendon Law Series, editor of the Oxford English Law Series, and author of several works on the English law of restitution, comparative restitution, and unjust enrichment. This works in this volume cover the English law of unjust enrichment and restitution, comparative perspectives on unjust enrichment and restitution, Roman law, and legal history, reflecting the range on Peter Birks' work and influence. As one of the most distinguished academic lawyers of his generation Peter Birks' contribution to legal scholarship grew to be recognised as one of the most outstanding by a British jurist in the second half of the twentieth century. This collection attempts to acknowledge and pay tribute to Peter Birks' work. |
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