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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Personal property law > Equity & trusts

A Complete Guide to Wills, Trusts and Estate Planning - Everything You've Wanted to Know But Were Afraid To Ask... A Complete Guide to Wills, Trusts and Estate Planning - Everything You've Wanted to Know But Were Afraid To Ask (Paperback)
Joseph R. Burcke
R646 Discovery Miles 6 460 Ships in 10 - 15 working days

You've worked hard all of your life to attain the peace of mind that financial security brings. Alternatively, your are still in pursuit of that seemingly elusive goal, yet want to be sure that what you have attained isn't needlessly lost in the event of your untimely disability or death. You have questions to which you need answers in order to decide what to do next to best protect yourself and your loved ones from needless loss; but you don't know whom to trust to find the answers you need. This book, written by Missouri attorney Joseph R. Burcke, provides, in laymen's terms, easy to understand explanations of probate court processes, the estate tax system and Medicaid. Find the answers to your questions and then make an informed choice as to how best to protect yourself and your family; including how to find the attorney best suited to help you and how to make the most of your estate planning conference.

Why Every Adult Must Have A Health Care Directive (Paperback): Jennifer R. Lewis Kannegieter Why Every Adult Must Have A Health Care Directive (Paperback)
Jennifer R. Lewis Kannegieter
R265 Discovery Miles 2 650 Ships in 10 - 15 working days

Approximately 70% of Americans will face difficult end of life medical decisions. Making these decisions for ourselves is hard, but making these decisions for our loved ones can be heart-wrenching. Chances are you know someone who has been in the position of needing to make important medical decisions for a dying family member. More often than not, these decisions are followed by second guessing and self-doubt. Why Every Adult Must Have A Health Care Directive is a fun and fast read covering the reasons for having a Health Care Directive and the steps to preparing one. A free Minnesota Health Care Directive form is included.

Estate Planning for Women Only (Paperback): Jeffrey M. Verdon Esq Estate Planning for Women Only (Paperback)
Jeffrey M. Verdon Esq
R573 Discovery Miles 5 730 Ships in 10 - 15 working days

"Estate Planning for Women Only" is written exclusively for women by an estate & asset protection planning attorney, Jeffrey M. Verdon. Estate planning for the woman is extremely important and often overlooked or ignored at their peril. "Estate Planning for Women Only" covers both the basics a woman must know in planning her estate, and more advanced aspects of wealth transfer, estate tax reduction and asset protection for those with larger estates and more complex issues. It is a fact that over 90% of women will at some point in their lives be solely responsible for their finances, making estate planning an essential topic for women. This booklet empowers women to become knowledgeable of the pertinent issues women should know about estate planning and how to prevent the pitfalls of a poorly planned estate.

Estate Planning in Florida - A Concise and Complete Guide to Peace of Mind (Paperback): Dean Hanewinckel Estate Planning in Florida - A Concise and Complete Guide to Peace of Mind (Paperback)
Dean Hanewinckel
R445 Discovery Miles 4 450 Ships in 10 - 15 working days

DO YOU MAKE THESE ESTATE PLANNING MISTAKES? * Do you believe that having a Will avoids probate? * Do you think your estate is too small for estate planning? * Have you added one of your children's names to your home's deed to avoid probate? * Have you prepared a trust and never funded it? In nearly 30 years of practicing law in Florida, Dean Hanewinckel has helped his clients avoid these and other mistakes, while preparing an estate plan that saves money, time and aggravation. This book will teach you in plain-English what you need to know to create the perfect estate plan for you and your family and give you peace of mind.

Give Through A Will & Living Trust - Legal Self-Help Guide (Paperback): J T Levine Give Through A Will & Living Trust - Legal Self-Help Guide (Paperback)
J T Levine; Sanket Mistry
R802 Discovery Miles 8 020 Ships in 10 - 15 working days

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

A Guide For Widows And Widowers - How to Get Your Affairs in Order After the Death of Your Spouse (Paperback): Julie A.... A Guide For Widows And Widowers - How to Get Your Affairs in Order After the Death of Your Spouse (Paperback)
Julie A. Calligaro
R245 Discovery Miles 2 450 Ships in 10 - 15 working days

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."

Applying Total Quality Management Concepts to Land Administration (Paperback): Zahir Ali Applying Total Quality Management Concepts to Land Administration (Paperback)
Zahir Ali
R2,396 Discovery Miles 23 960 Ships in 10 - 15 working days

Evaluation and assessment of land administration system has been getting more attention over the last few years. Different assessment approaches have been tried across land administration systems at international level to assess the performance of these systems, but the attention is given to only those parameters which are common to all these systems. In some cases, legal and technical parameters are considered while institutional and organizational parameters got more attention in others. There have been a few efforts to standardize the procedures for assessing the performance of land administration systems at international level but no internationally accepted or standardized method is there to assess the quality of a standalone system. This work is an effort to standardize the quality assessment framework through a systematic approach of using case study methodology to analyze the system first and then apply total quality management (TQM) concepts to land administration system for further quality improvement.

Will, Trust, & Power of Attorney Creator and Estate Records Organizer (Paperback): Sanket Mistry Will, Trust, & Power of Attorney Creator and Estate Records Organizer (Paperback)
Sanket Mistry; Edited by J T Levine
R1,428 R1,181 Discovery Miles 11 810 Save R247 (17%) Ships in 10 - 15 working days

You may not have had a say in how you entered this world, but you don't have to leave it that way. Provide your family peace of mind and make it easier on yourself. Will, Trust, & Power of Attorney Creator and Estate Records Organizer can help you create legal estate documents you actually understand. Here is your guide to ensuring your family will have a place to live, financial stability, and minor children are provided for. You'll discover how to: finalize your will, reduce potential family conflicts, express your wishes about who will get what property, select someone to raise minor children, create a trust to financially support minor children, reduce estate taxes, bypass probate court, authorize someone to act on your behalf regarding healthcare and financial matters if you become unable to make your own decisions, you become too sick to make your own decisions, organize important estate records, leave a final letter to your loved ones, understand the documents you create, and much more. Regardless of its value, your family will likely benefit from an estate plan. And you don't have to spend a fortune to get it done, either. All of the forms you will need are included in this guide. Sample Forms Include: Wills: Last Will and Testament (for single and married couples), Self-Proving Affidavits, and Living Will. Trusts: Single Person Living Trust, Shared Living Trust, and AB Living Trust (with and without Disclaimer Statement). Power of Attorney: Healthcare-Durable Power of Attorney, Financial-Durable Power of Attorney, and Minor Child Care-Limited Power of Attorney. 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.

Land Readjustment as a Spatial Planning Tool for Kampung Upgrading (Paperback): Supriatna Andri, Van Der Molen Paul Land Readjustment as a Spatial Planning Tool for Kampung Upgrading (Paperback)
Supriatna Andri, Van Der Molen Paul
R1,041 Discovery Miles 10 410 Ships in 10 - 15 working days

This book initially describes the existence of kampung in the centre of Jakarta and the most prominent strategy to tackle in the past-KIP (Kampung Improvement Program)- with its shortcomings. Then, the book elaborates the concept of land readjustment in general and examines the practice of land readjustment in Germany and Japan as references for possible application in Jakarta. Lessons learnt are taken from both countries experiences and ultimately put forward a model of potential application for kampung upgrading in Jakarta.

Taking the Mystery Out of Estate Planning (Paperback): Stephen L. Smith Taking the Mystery Out of Estate Planning (Paperback)
Stephen L. Smith
R625 R574 Discovery Miles 5 740 Save R51 (8%) Ships in 10 - 15 working days

Thinking about your death isn't easy, but it's even harder to consider the consequences of not thinking about it. Failing to execute a will or set up a trust could burden your heirs beyond just grief at your passing, leaving them to deal with your incomplete affairs as well.

Stephen L. Smith, a longtime attorney with thirty-five years of experience in estate planning, seeks to take the mystery out of what can often be an intimidating process. Using this guide, you can learn how to understand the differences between wills and trusts; evaluate attorneys and tax advisers; empower yourself to direct the planning process; and maximize the money and assets that get passed to others.

Whether you have a large estate or a modest one, it's important to engage in estate planning to make your wishes known. Take control of the process by arming yourself with the knowledge in "Taking the Mystery out of Estate Planning."

The Art of Asset Protection (Paperback): Brendan James Gilbert The Art of Asset Protection (Paperback)
Brendan James Gilbert
R285 Discovery Miles 2 850 Ships in 10 - 15 working days

To many, asset protection seems like an ultra-luxury. The aim of this book is to let people know who can provide competent asset protection planning, what asset protection is, where asset protection can be done, when asset protection should be done, why it is no longer a luxury, but a necessity, and how asset protection can be achieved. To this end, it is written in a (hopefully) approachable format for both the interested public and financial professionals, and should cover the broad strokes of asset protection planning in one sitting. If you believe that you don't own enough to protect, ask yourself: How long did it take for me to pay for and earn all of these assets? How would I feel if a creditor took them, and my only alternative to save it is to declare bankruptcy and ruin my credit?

BVR's Guide to Business Valuation Issues in Estate & Gift Tax Law - 2010 (Hardcover): Staff Bvr Staff, Bvr Staff BVR's Guide to Business Valuation Issues in Estate & Gift Tax Law - 2010 (Hardcover)
Staff Bvr Staff, Bvr Staff
R3,619 Discovery Miles 36 190 Ships in 10 - 15 working days

New Tax Court decisions have had a major impact on wealth succession planning the last few years, including the popular use of the family limited partnership. This guide will keep you current with legal arguments and technical analyses that apply to estate and gift tax law specific to the business valuation profession, including family limited partnership and wealth succession planning. 220 estate and gift tax law court case abstracts dating back to 1995 including in-depth analysis on the recent Astleford, Bigelow, Holman, and Jelke decisions; articles on estate and gift tax law and FLPs excerpted from the Business Valuation Update; 4 never-before-published research articles by experts William Chandler, Bruce Johnson, Will Frazier, and Owen Fiore; plus a quick reference summary table that outlines the cases abstracted. Court case abstracts from the past year, including in-depth analysis on the Astleford, Bigelow, Holman, and Jelke decisions.

Contemporary Issues in Wills, Trusts & Estates (Paperback): Lucy A. Marsh Contemporary Issues in Wills, Trusts & Estates (Paperback)
Lucy A. Marsh
R1,880 Discovery Miles 18 800 Ships in 10 - 15 working days

New issues in estate planning today include the inheritance rights of sperm bank children, increasing recognition of an action for Intentional Interference with an Expectancy (Anna Nicole Smith case), the Harmless Error rule, and the increasing liability for attorneys who do a poor job of drafting. The book uses the richness of relatively full versions of contemporary cases - interspersed with segments of relevant statutes - to show the variety of important issues involved in any real case, and the variety of different techniques which may be employed to try to reach a particular result. Memorable stories and recent cases illustrate the fundamentals of estate planning. A few of the major issues in probate are included, such as entry into the safe deposit box of the deceased, giving (or avoiding) notice to creditors, and disputes over who is entitled to serve as personal representative when there is a serious dispute between creditors and heirs. The combination of good stories, relevant statutes, and important contemporary issues should give the reader a rich understanding of the area of estate planning. About the author: Prof. Lucy A. Marsh, a graduate of Smith College and the University of Michigan Law School, has taught Trusts & Estates for many years at the University of Denver Sturm College of Law, and is the author of assorted books and articles in the field. She is Founder and Director of the Wills Lab, in which students write real wills, medical powers of attorney, living wills, and related documents for low-income clients under the direct supervision of practicing attorneys - thus giving law students the opportunity to learn the important skills of interviewing, advising, and drafting from lawyers who are experts in the field. Her goal is to help students learn how to apply theory to practice - effectively.

Equity and Trust in Nigeria (Paperback): Festus Emiri, Ayuba O. Giwa Equity and Trust in Nigeria (Paperback)
Festus Emiri, Ayuba O. Giwa
R2,705 Discovery Miles 27 050 Ships in 10 - 15 working days

Equity and Trusts in Nigeria covers wide-ranging issues in this area of law and draws from a mixture of property law and the law of obligation. Some of the topics covered are: History and Development of Equity; Equitable interest in land; The nature of trust; Matrimonial property and trusts; Charitable trust; General equitable defenses; Trustees' fiduciary duties; Commercial trusts and insolvency; and the future of equity.

The Estate Planning Handbook (Paperback): Nicholas Paleveda Mba J D LL M The Estate Planning Handbook (Paperback)
Nicholas Paleveda Mba J D LL M
R757 Discovery Miles 7 570 Ships in 10 - 15 working days

The Estate Planning Handbook covers the basic issues relating to Estate Planning such as wills and trusts, health care surrogates and powers of attorney to the more advanced issues relating to QTIPs, Private Annuities and Family Partnerships along with case law from the tax court.

The Handbook on How to Probate an Estate (Paperback): Neil J. Boyer Esq The Handbook on How to Probate an Estate (Paperback)
Neil J. Boyer Esq
R278 Discovery Miles 2 780 Ships in 10 - 15 working days

This handbook is intended to educate and inform people who need to learn about the probate administration process, including the nature of the process, the steps involved, the functions of the probate court and the personal representative(s) of the estate.

Straight Talk! What to Do When Someone Dies (Paperback): Deborah E. Roser, Peggy R. Hoyt Straight Talk! What to Do When Someone Dies (Paperback)
Deborah E. Roser, Peggy R. Hoyt
R358 Discovery Miles 3 580 Ships in 10 - 15 working days

Do you know what to do when someone dies? Losing a loved one is one of life's most difficult experiences. There are so many conflicting emotions and yet, if you have the responsibility as a successor trustee or personal representative there's so much to do. Where do you begin? Who can you trust? Where do you turn to get your questions answered? Straight Talk What To Do When Someone Dies provides you with insight about the things you should be doing, how to speak the language, who to trust and ultimately how to get the results you (and your loved one) intend. In their straight forward, easy to read style, Peggy Hoyt and Debbie Roser will answer your questions and help you navigate your fiduciary responsibilities, including what you should and shouldn't be doing during the administration process. They will help you understand probate, trust administration and the important differences between Wills and Trusts. You'll learn how to prepare your own estate plan for your loved ones to prevent unexpected results, including the costs of estate planning (or not planning), and why how you own your property is so important. Straight Talk What To Do When Someone Dies is a must read for everyone who has ever lost a loved one or might lose a loved one someday

The Joint Property Tax Trap - The Perils and Pitfalls of Joint Property and Real Planning Solutions (Paperback): Jeffrey G.... The Joint Property Tax Trap - The Perils and Pitfalls of Joint Property and Real Planning Solutions (Paperback)
Jeffrey G. Marsocci Esq
R192 Discovery Miles 1 920 Ships in 10 - 15 working days

JOINT PROPERTY CAN DESTROY YOUR ESTATE. While it seems easy to retitle accounts as joint with a right of survivorship, it can come with DEVASTATING TAXES and LAWSUIT LIABILITY. But there are legal and effective planning solutions to help your family AVOID PROBATE and UNNECESSARY TAXES. Trust planning can provide PEACE OF MIND... but only if you plan ahead, use the RIGHT DOCUMENTS and work with the RIGHT PROFESSIONALS. You'll learn how folk remedies like joint property can produce a tax and legal nightmare; how proven planning techniques can avoid the probate process while avoiding unnecessary taxes; and how a trust can protect your assets from your children's divorcing spouses and bad spending habits.

TrustWorthy - New Angles on Trusts from Beneficiaries and Trustees: A Positive Story Project showcasing beneficiaries and... TrustWorthy - New Angles on Trusts from Beneficiaries and Trustees: A Positive Story Project showcasing beneficiaries and trustees (Paperback)
Kathy Wiseman; Introduction by James E Hughes Jr; Hartley Goldstone
R511 Discovery Miles 5 110 Ships in 10 - 15 working days

TrustWorthy is a collection of 25 personal -- and positive -- stories told by beneficiaries, trustees and their advisors. The book speaks to the human side of personal trusts, leaving the technical side (legal, tax, investments) to others.

The book's objective? To begin to transform the most complex, conflicted and difficult relationship known under the law -- the "arranged marriage" between beneficiary and trustee -- by supplanting prevailing negative assumptions and behaviors. Readers are given a peek at "what other families do."

Storytellers tackle big questions, for example: How can trusts be used to promote beneficiaries' maturity? What should I look for in a trustee? How can beneficiaries successfully integrate inheritances into their lives? How can trustees, prudently and within legal and other constraints, administer trusts in a way that enhances beneficiaries' lives? How can the widespread dissatisfaction, and all the talk of "problem" beneficiaries and "problem" trustees, give way to more creative and productive relationships?

Hartley Goldstone, J.D. and MBA, delights in being surprised by profound questions, having served families for 30 years at attorney, trustee and planner. Today, he is an accomplished speaker, educator and coach for trustees, inheritors in all stages of life, their families and advisors.

Kathy Wiseman, MBA and faculty at the Bowen Center for the Study of Family systems, assists people with the legacy potential of their family business, foundation and wealth. She educates families and their professionals about the human assets that underlie success for any trust/estate.

Here's what others say about TrustWorthy

You are about to go on the positive journey that is the ongoing effort of Hartley and Kathy to reengineer the beneficiary/trustee relationship toward its higher functioning...

-From the Foreword to TrustWorthy, by James E. Hughes Jr., author of The Cycle of the Gift and Family Wealth

This is the one book to read this year if you are creating your estate plan, if you are a trustee or a beneficiary, or if you advise families of wealth. You will not think about trusts in the same way again.

-Charles W. Collier, Former Senior Philanthropic Advisor at Harvard University and author of Wealth in Families

TrustWorthy should be required reading not only for trustees and beneficiaries, but also for grantors and trusted family advisors. Hartley and Kathy's decision to use storytelling to reveal the vast potential in the trustee and beneficiary relationship was a stroke of genius. The stories in this book are inspiring and do a great job of demonstrating how trusts can be used not only to transfer financial wealth, but also to transfer legacy from one generation to the next.

-Sara Hamilton, CEO and Founder, Family Office Exchange

Let the Records Show - A Practical Guide to Power of Attorney and Estate Record Keeping (Paperback): Linda A Alderson, Douglas... Let the Records Show - A Practical Guide to Power of Attorney and Estate Record Keeping (Paperback)
Linda A Alderson, Douglas A Alderson
R612 R566 Discovery Miles 5 660 Save R46 (8%) Ships in 10 - 15 working days

Acting as a power of attorney or as an estate trustee carries a great deal of financial and legal responsibility. But in "Let the Records Show," authors Linda A. Alderson and Douglas Alan Alderson have distilled the information and have provided a step-by-step guide to keeping financial and property affairs in order. "Let the Records Show" offers a ten-step guide for effectively handling record-keeping obligations, and it demystifies and simplifies the terminology and related work processes associated with creating a complete and proper information trail to satisfy legal interests. It also provides: Answers to questions to consider before acting as an attorney An overview of accounting and legal terms presented in plain English Tips on the fundamentals of being an attorney or estate trustee Guidance on inventory preparation Comparison between the roles of attorney and estate trustee A review of common problems and how to fix them Information on estate litigation basics Charts, templates, and checklists to help you stay organized Filled with practical guidance on how to maintain financial records to meet the legal requirements, "Let the Records Show" helps to simplify the roles of power of attorney and estate trustee.

Administering the California Special Needs Trust - A Guide for Assisting a Person with a Disability as Trustee of a Special... Administering the California Special Needs Trust - A Guide for Assisting a Person with a Disability as Trustee of a Special Needs Trust (Paperback)
Kevin Urbatsch
R703 R635 Discovery Miles 6 350 Save R68 (10%) Ships in 10 - 15 working days

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.

Simplified Estate Accounting a Guide for Executors, Trustees, and Attorneys (Paperback): Donna S. M. Neff Simplified Estate Accounting a Guide for Executors, Trustees, and Attorneys (Paperback)
Donna S. M. Neff
R564 R507 Discovery Miles 5 070 Save R57 (10%) Ships in 10 - 15 working days

A guide written in layman's terms describing the bookkeeping aspects of being an executor, trustee, or attorney for property under Ontario law. Readers will have access to online spreadsheets available for download. The spreadsheeets include sample entries and formulas to make it easier to get started. As one reviewer has said, "For most of us, taking on the role of an executor is a confusing and daunting task. In this guide, Donna has done an excellent job of explaining the elements of simple estate accounting and provides a useful template to guide you through the process. I cannot imagine a better introduction to this challenging topic."

Fiduciary Loyalty - Protecting the Due Performance of Non-Fiduciary Duties (Paperback): Matthew Conaglen Fiduciary Loyalty - Protecting the Due Performance of Non-Fiduciary Duties (Paperback)
Matthew Conaglen
R1,673 Discovery Miles 16 730 Ships in 10 - 15 working days

Now available in paperback, Fiduciary Loyalty presents a comprehensive analysis of the nature and function of fiduciary duties. The concept of loyalty, which lies at the heart of fiduciary doctrine, is a form of protection which is designed to enhance the likelihood of due performance of non-fiduciary duties by seeking to avoid influences or temptations that may distract the fiduciary from providing such proper performance. In developing this position, the book takes the novel approach of putting to one side the difficult question of when fiduciary duties arise, in order to focus attention instead on what fiduciary duties do when they are owed. The issue of when fiduciary duties arise can then be returned to - and considered more profitably - once a clear view has emerged of the function that such duties perform. This analysis has both practical and theoretical implications for understanding fiduciary doctrine. For example, it provides a sound conceptual footing for understanding the relationship between fiduciary and non-fiduciary duties, highlighting the practical importance of analyzing both forms of duties carefully when considering fiduciary claims. Further, it explains a number of tenets within fiduciary doctrine, such as the proscriptive nature of fiduciary duties and the need to obtain the principal's fully informed consent in order to avoid fiduciary liability. Understanding the relationship between fiduciary and non-fiduciary duties also provides a solid foundation for addressing issues concerning compensatory remedies for their breach and potential defenses, such as contributory fault. The distinctive purpose that fiduciary duties serve also provides a firm theoretical basis for maintaining their separation from other forms of civil obligation, such as those that arise under the law of contracts and of torts. Fiduciary Loyalty was the winner of the 2nd SLS Peter Birks Prize for Outstanding Legal Scholarship 2010.

Estate Planning - The Heroes Way for Baby Boomers (Paperback): Mark S. Cornwall Estate Planning - The Heroes Way for Baby Boomers (Paperback)
Mark S. Cornwall
R582 R542 Discovery Miles 5 420 Save R40 (7%) Ships in 10 - 15 working days

ESTATE PLANNING: The Heroes Way for Baby Boomers, is a one-of-a-kind book that answers the question: How do you help people stare mortality in the face, and enjoy it as they plan the distribution of their legacy after death? This book provides you George Washington as a modern hero, with surefooted steps exploring and explaining every angle of the death and inheritance system. The Heroes Way, tells you which Revocable Trust may be right for you. If you do not like the plan, that's great! At least, you are thinking for yourself, and know what you are talking about. You will be learning how you want to create your trust, not the way someone else deems is right. That means you understand how "credit shelter trusts" work. Then you can get the job done.

A TRUSTEE'S HANDBOOK (Paperback): Augustus Peabody Loring A TRUSTEE'S HANDBOOK (Paperback)
Augustus Peabody Loring
R1,152 Discovery Miles 11 520 Ships in 10 - 15 working days

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.

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