This book is a study of doctrinal and methodological divergence in the common law of obligations. It explores particular departures from the common law mainstream and the causes and effects of those departures. Some divergences can be justified on the basis of a need to adapt the common law of contract, torts, equity and restitution to local circumstances, or to bring them into conformity with local values. More commonly, however, doctrinal or methodological divergence simply reflects different approaches to common problems, or different views as to what justice or policy requires in particular circumstances. In some instances divergent methodologies lead to substantially the same results, while in others particular causes of action, defences, immunities or remedies recognised in one jurisdiction but not another undoubtedly produce different outcomes. Such cases raise interesting questions as to whether ultimate appellate courts should be slow to abandon principles that remain well accepted throughout the common law world, or cautious about taking a uniquely divergent path. The chapters in this book were originally presented at the Seventh Biennial Conference on the Law of Obligations held in Hong Kong in July 2014. A separate collection, entitled The Common Law of Obligations: Divergence and Unity (ISBN: 9781782256564), is also being published.

Are you among the 50 percent of American adults who do not yet have a will? For many of us, busy day-to-day lives often result in putting the crucial process of estate planning precariously on the back burner. In fact, if you don't have a clear, considered plan, government treasurers and probate attorneys may just have the ultimate say on your estate. Estate Planning: A Plain English Guide to Wills and Trusts is attorney Clint W. Smith's easy-to-read, invaluable book that will demystify the confusing legal issues and dispel the common misunderstandings that can have serious repercussions for anyone with a net worth of over $50,000. Establishing a well-considered estate plan now can save you or your loved ones considerable costs, months of time, and even relationships. While many individuals believe that wills are the most beneficial way in which to handle estates, the author introduces the option of revocable living trusts as a potential alternative to wills. While wills by their nature result in time-consuming probate, public disclosure, estate tax, and attorney fees, Smith explains that revocable living trusts can provide you with a way to minimize taxes, provide flexibility, help navigate the realities of a living will, and solve the problems inherent to joint tenancy, right of survivorship, and community property. Estate Planning: A Plain English Guide to Wills and Trusts also clears up common misconceptions about wills, offers answers to specific questions about trusts, and offers a step-by-step guide to plan your own revocable living trust. This informative, essential book will teach you the questions you need to ask, and motivate you to act immediately. Accessible and illuminating, Estate Planning will ensure that you are empowered to do a better job of it than the state, and that you leave behind a fitting legacy for your loved ones.

Forms include: Last Will and Testament Checklist, Last Will and Testament, Self-Proving Affidavits, Living Will, Ethical Will, Power of Attorney Checklist, Durable Power of Attorney for Healthcare, Financial Durable Power of Attorney, Trust Checklist, Living Trust-Single and Married Couples and much more. Estate planning can be done without a lawyer if you have the right information and the right forms. 25 Estate Planning Forms provides you with easy to use forms that you can follow and make legal. No matter the size of your estate, an estate plan may help reduce your estate's taxes, reduce conflict among family members, and provide you with the peace of mind of knowing your final arrangements have been planned. For many people, they already know how they want to distribute their estate, but don't have the necessary forms to make it legal. This book can help. It includes sample forms that you can understand because they are written in plain-English. Often people have more diverse needs than they may have initially thought. Having a variety of forms can help you figure out what your final wishes are and how those wishes may be accomplished.

Now in its twelfth edition, Todd & Wilson's Textbook on Trusts & Equity continues to strike the balance between introductory and more challenging texts. Carefully written with the student in mind, the text provides an accessible, yet intellectually stimulating, introduction to the subject. Sarah Wilson excels at writing in a clear and enthusiastic way, enlightening the more complex issues of trusts law without undue simplifications. The book is structured to reflect the content of a typical LLB course, and offers in-depth coverage of trusts law. Students are encouraged to critically engage with the material through real-life examples, key scholarship and current contextual and theoretical perspectives, including related commercial settings. Todd & Wilson's Textbook on Trusts & Equity engages with wider considerations, drawn from trusts scholarship and beyond, to provide an analysis of the subject which is not only rounded, but also designed to be stimulating and revelatory. Rigorously revised every two years, this book can be relied upon as one of the most up-to-date trusts texts available.

Straight Talk About Estate Planning provides a no-nonsense look at the importance of estate planning and how to create an estate plan that works In their straight forward, easy to read style, Peggy Hoyt and Debbie Roser lead you on a journey through the maze of legal potholes that include staying out of the guardianship courts, avoiding probate, reducing gift and estate taxes and making more than sure your plan accomplishes your personal and family goals. Meet Mary, mother of three who visits attorney Harry Hurry and ends up with an estate plan that is a complete waste of money and doesn't come close to accomplishing her simple goal of providing for her children. Discover the importance of how assets are titled, how beneficiaries are designated and how to avoid the bad things that happen to good people. Get acquainted with Annabelle, a beloved dog whose owner leaves for an ordinary day and never returns. Discover how to protect the people and pets you love through special planning considerations that include special needs trusts, trusts for unmarried partners, lifetime protective trusts and pet trusts. Straight Talk About Estate Planning will entertain you while imparting crucial information you need for every aspect of your life - now while you are alive and well, in the event of your mental disability and at the time of your death. It's a must read for everyone

This book is essential for anyone involved with a living trust. This is the second book in a four part book series. It's purpose is to give practical advice to trustees on steps to take in the settlement of a trust. You will gain very valuable information on the responsibilities of a trustee by reading this book. It covers both the powers given to the trustee by the trust itself and those implied by law. The authors have decades of experience as an estate planning attorney and as a settlement officer for trust estates. They present the material in an easy to digest question and answer format. Legal jargon is avoided but technical matters are handled simply and practically for the first time trustee If you are looking for a dynamic, thorough, and interesting book on the powers of the trustee, pick this one. Questions? Contact the authors at [email protected].

The Will and Trust Companion Guide is the perfect companion document to your will and trust. Even if you don't have a will or trust, this guide will be valuable for organizing your current personal records. In most wills and trusts many important personal records are not included. Instead of having your heirs search for this information, this helpful guide will provide a clear path to the whereabouts of your personal records and final wishes. The Will and Trust Companion Guide is easy to fill in and update. It was designed to be completed within just a few hours. Fillable pages include a checklist, location or records, business interests, cards, charities, contacts (personal and professional), final wishes, financial assets, financial liabilities, insurances, personal information, personal property, safe deposit box information, social security information, real estate, and vehicles. A notes section is also included. This easy to fill in guide will be your heirs' companion when they need it most.

This book examined the trend in tenant eviction, methods adopted for eviction, its causes and effects on stakeholders in the study area. Primary data were collected from the practising estate surveying firms, evicted tenants and landlords selected by stratified random sampling using structured questionnaire. Data analysis by descriptive and inferential statistical techniques showed an increasing trend in eviction during the period and that residential properties were more prone to eviction than commercial properties, and the low income group were the most vulnerable The study's result also revealed that rent default caused more than half of all the evictions recorded during the period. It was also revealed that enmity, and waste of material and financial resources were the most significant consequences of eviction. The study will be of considerable source of knowledge to students, professional property managers and the public in general as a handy reference material on leases, tenant eviction, property management and related issues.Policy makers, property investors, property professionals, landlords, tenants and the public at large will also find it useful.

The Government Has Already Written Your Will

Nobody likes estate planning, but without it every dime you've saved and even your house will go where Uncle Sam says, which isn't where you want them to go. You will also incur excessive court costs and legal fees and wade through miles of bureaucratic red tape.

As an attorney with a focus on estate planning, Eric Gullotta counsels clients on what will happen to their assets under California intestacy laws. He also shows them how to "disinherit" the government and ensure their assets go to their families, friends, or other recipients of their choosing.

Did the Government Write Your Will? provides an education on the true cost of leaving your estate in the government's hands and will help you make informed, proactive decisions regarding your assets.

What Other People Are Saying

"If you are interested in making smart choices about your estate, you need this book."
-Montgomery Taylor, CPA, RIA, CRDS; author of Before It's Too Late and The New Rules of Success

"An excellent summary of the laws and procedures surrounding settlement of estates... Gives an overview of probate and estate administration law with great information for the average reader."
-Malcolm Manwell, estate planning attorney; partner at Perry, Johnson, Anderson, Miller and Moskowitz

"Eric walks you through what happens if you don't make decisions and explains in clear terms what some of the decision points are...You should keep it on your shelf, right next to your estate plan, so you can reference your wise decision."
-Charles Daniels, III, financial planner; principal at Harvest Financial, LLC

"This is a must-read for all who are wondering why they need a will or a revocable trust."
-Jennifer Hainstock, estate planning attorney

WHO SHOULD OWN THE GUIDE?

IF you are named on your own, parent's, relative's, friend's or neighbor's estate plan as a trustee, you will need to know your responsibilities and have the system to successfully address the trust placed in you.

IF you are establishing an estate plan with an independent third party, bank or corporate trustee, you will want to use the guide's, "Notify-Respond-Verify" system. Make sure they get it correct.

IF you are a parent or grandparent, what gift could be more important or useful than a well drafted estate plan and a system to make it work? Give your heirs the tools they can use to make the plan a success.

WHO SHOULD GIVE THE GUIDE?

IF you are an estate planning attorney you realize your clients need a system for transferring and tracking their assets. This is it. The Guide for the Successful Trustee.

IF you are an accountant do your clients have their assets properly titled? Use the "Guide" to get the proper registration and use the system to keep it that way. Thousands of dollars in unnecessary taxes and fees are generated by incorrect registrations.

IF you are a financial advisor, have your peers and predecessors titled all of their clients' past investments properly? What is your liability to clients on past transactions and current estate plans? Meet with the client and family go over the three phases of estate planning. Illustrate the phases and the differences between the three. "The Guide for the Successful Trustee" has the system to make it simple and successful.