Have you been appointed by a family member to be the personal representative or executor of their estate? Have you considered how you would like your own personal possessions to be distributed? This book was written to introduce and familiarize its readers with easy to understand estate closing techniques and probate procedures. It is the author's intent to educate any individual that is either faced with closing an estate, or anyone that may be considering how their own estate might be administered. After reading this book, you too may consider yourself a professional as you set out to close your estate with ease.

This book is an examination of the law of land registration in England and Wales in light of the Land Registration Act 2002, and it looks in particular at the way land registration is influenced by, and in turn influences, the evolution of land law as a whole. It is argued, for instance, that land registration is changing the nature of ownership. The book examines the legal problems that have arisen in connection with land registration and considers the effect of the 2002 statute. It draws extensively upon the law in other jurisdictions and considers possibilities for future development. This is a book which will be essential reading for students, their teachers, and practitioners who will have to grapple with the intricacies of the new Act when it comes into force.

This book centers on estate planning with code sections, regulations, court cases and experiences involved in estate planning. It was written over 5 years with excitement, pain, love and hate. It was designed for the regular person to understand because the Internal Revenue Code is not user-friendly, never was and never will be until Congress decides differently. While there are technical areas in this book, there is also an effort to explain those areas in everyday terms so the reader can easily get the point of estate planning. You must read the section on Being A Consultant - Absolutely Brutal!

The most complete and up-to-date estate-planning guide available...

Thoroughly revised and updated to reflect the latest tax codes, the third edition of How to Settle an Estate is the essential step-by-step guide to lead readers through the complex and daunting process of settling an estate. In clear and practical lay terms, authors Charles K. Plotnick, L.L.B., and Stephan R. Leimberg, J.D., both experts in estate planning, provide readers with invaluable advice, including:

Second to none in critical legal information for enhancing the results of charitable fund-raisers in the new millennium

As the competition for gifts grows increasingly intense in the new millennium, managers and fund-raisers for charitable organizations must learn how to work with tax and business law to optimize their return. Written by the leading legal authority on the law regulating charitable fund-raising, this companion to the indispensable First Legal Answer Book for Fund-Raisers provides more accessible approaches to understanding federal and state laws and offers additional solutions to enhance an organization’s wealth and effectiveness. Bruce Hopkins clearly explains to fund-raisers the pertinent aspects of the law, enabling them to dramatically increase funding without legal missteps. He also thoroughly details the steps needed to solve the fund-raiser’s most pressing legal headaches, including the troublesome intermediate sanctions rules, property valuation issues, the gift substantiation rules, disclosure requirements, estate planning, the securities and antitrust laws, IRS audits, and much more.

This book provides critical answers to fund-raisers’ questions such as:

• How do the intermediate sanctions rules apply to fund-raisers?
• What are the rules as to property valuation?
• How do the gift substantiation and quid pro quo contributions rules work?
• What disclosure rules apply?
• What rules apply to auctions and other special events?
• What should the fund-raiser know about estate planning?
• How do the postal, securities, and antitrust laws apply?
• How does the IRS audit fund-raising?
• What are the major changes in the law since publication of The First Legal Answer Book for Fund-Raisers?

With its comprehensive coverage of the legal issues that charitable organizations engaging in fund-raising face, The Second Legal Answer Book for Fund-Raisers, combined with The First Legal Answer Book for Fund-Raisers, is a powerful resource–and first-choice reading that every fund-raiser must have.

www.wiley.com/nonprofit

THE ONLY GUIDE YOU'LL NEED TO WISELY MANAGE YOUR INHERITANCE AND MAKE IT GROW FOR FUTURE GENERATIONS...

You're not alone. Sixty million Americans stand to be on the receiving end of an inheritance in the coming years. Planning is crucial if you hope to preserve your windfall, save on taxes, and avoid family squabbles. In The Inheritor's Handbook, expert Dan Rottenberg offers a comprehensive guide through the inheritance process that gets to the heart of the complex issues, both financial and emotional, that beneficiaries face. He demonstrates how future heirs can discuss money and wills, choose advisers, manage investments, and much more. Using real-life examples, Rottenberg provides tested solutions to sensitive inheritance issues -- before the time of death, at the time of death, and years later. The Inheritor's Handbook is the only book you'll need to help you manage the difficulties, decisions, and opportunities that come with inheriting.

Complete Equity & Trusts is supported by clear author commentary, choice extracts, and useful learning features. The explanations and examples in this textbook have been crafted to help students hone their understanding of trusts law. The Complete titles are ambitious in their scope; they've been carefully developed with teachers to offer law students more than just a presentation of the key concepts. Instead they offer a complete package. Only by building on the foundations of the subject, by showing how the law works, demonstrating its application through extracts from cases and judgments, and by giving students the tools and the confidence to think critically about the law will they gain a complete understanding. This book is accompanied by free online resources, which feature resources for students and lecturers including the following: - Guidence for answering end-of-chapter questions in the book - Self-test question with instant feedback - A flashcard glossary of key terms - Updates on legislation and case law

Contractual and fiduciary relationships are the two primary mechanisms through which the law facilitates coordinated pursuit of our personal interests. These fields are often represented in oppositional terms, and many accept the distinction that contract law allows an individual to pursue their interests independently, while fiduciary law allows an individual to pursue their interests in a dependent or interdependent way. Relying on this distinction, however, seems to suggest that the boundaries between the fields of contract and fiduciary law are fixed rather than fluid. Bringing together leading theorists to analyse critically important philosophical questions at the intersection of contract and fiduciary law, Contract, Status, and Fiduciary Law demonstrates that popular characterizations of the relationship between contract and fiduciary law are overly simplistic. By considering how contract and fiduciary law interact, and not just how they differ, the contributors to this volume offer new insights into a range of topics, including: status relationships, voluntary undertakings, duties of loyalty, equity, employment law, tort law, the law of remedies, political theory, and the theory of the firm.

This casebook presents a deep comparative analysis of property law systems in Europe (i.e. the law of immovables, movables, and claims), offering signposts and stepping stones for the reader wishing to explore this fascinating area. The subject matter is explained with careful attention given to its history, foundations, thought-patterns, underlying principles, and basic concepts. The casebook focuses on uncovering differences and similarities between Europe's major legal systems - French, German, Dutch, and English law are examined, while Austrian and Belgian law are also touched upon. The book combines excerpts from primary source materials (case law and legislation) and from doctrine and soft law. In doing so, it presents a faithful picture of the systems concerned. Separate chapters deal with the various types of property rights, their creation, transfer, and destruction, along with security rights (such as mortgages, pledges, retention of title), as well as with harmonizing and unifying efforts at the EU and global level. Through the functional approach taken by the Ius Commune Casebooks series, this volume clearly demonstrates that traditional comparative insights no longer hold. The law of property used to be regarded as a product of historical developments and political ideology, which were considered to be almost set in stone and assumed to render any substantial form of harmonization or approximation very unlikely. Even experienced comparative lawyers considered the divide between common law and civil law to be so deep that no common ground (so it was thought) could be found. However, economic integration - in particular, integration of financial markets and freedom of establishment - has led to the integration of particular areas of property law, such as mortgage law and enforceable security instruments (e.g. retention of title). This pressure towards integration has led comparative lawyers to refocus their interest from contract, tort, and unjustified enrichment to property law and to delve beneath its surface. This book reveals that today's property law systems are closer to one another than previously assumed, that common ground can be found, and that differences can be analyzed in a new light to enable comparison and further the development of property law in Europe. (Series: Ius Commune Casebooks for the Common Law of Europe)

This book presents a clear, carefully-analysed picture of the operation of equity today, across the common law world. Rather than revisit the abstract debate as to whether or not equity has 'fused' with the common law, it focuses on specific equitable principles and doctrines. Expert contributors step back and take a wider view of those doctrines, examining how they can best be understood today, and how they might develop in the future. This will prove invaluable to practitioners and courts (at first instance as well as appellate level), allowing them to navigate the constantly-growing mass of case law. Drawing on expertise from across the worlds of academia, practice and the bench, this seminal collection provides the most illuminating picture available of how equity operates.

This book explores the concept of beneficial ownership in equity law, the domestic tax laws of the United Kingdom, Canada and the United States, as well as its varied and increasing uses in international tax law. By analysing the evolution of beneficiary rights in equity and the use of beneficial ownership wording in tax law, the book draws a roadmap for dealing with beneficial ownership in both national and international tax law. This approach highlights those common misconceptions that can be avoided by understanding the origins of the concept and its engagement with equity, as well as the differences with tax law. However, the book does not limit itself to dealing with theoretical discussion, but also offers an instructive and detailed practical case study. Offering both academic commentary and a practitioner focus, the book will be of the utmost interest to scholars and practitioners from common and civil law countries dealing with tax and estate law, particularly given beneficial ownership's increasing relevance.

This text, first published by STEP in 2007 and now in its third edition, reviews the difficulties that arise on the transfer of trusteeships, particularly in respect of the negotiation of indemnities, and sets out a suggested approach. It contains: *A core section dealing with trusts governed by English law; *Jurisdictional chapters, which explain the differences under local law for trusts governed by the laws of The Bahamas, Bermuda, the British Virgin Islands, the Cayman Islands, Guernsey, Hong Kong, the Isle of Man, Jersey, New Zealand and Singapore; *Precedent deeds of change of trustee for each of those jurisdictions; *A detailed drafting commentary; *A U.S. commentary which outlines general principles involved in the transfer of trusteeships of U.S. trusts and general tendencies among states, with a particular focus on the trusteeship laws of the State of New York; and *A table of references listing the statutes and cases, for ease of reference. The text is an essential reference work for any legal practitioners, trust company professionals and others involved in advising on the transfer of trusteeships.

At a time when Asia represents the fastest growing economic region, there is no better moment to consider what trusts law can contribute to societal stability and economic prosperity. This book does this by offering the first work that systematically explores trusts law across the region. Many Asian-Pacific jurisdictions have integrated and developed trusts law in their legal systems; either through colonial heritage or statutory activism. But the diversity of legal traditions and local contexts has resulted in trusts laws having a significantly varied impact across the region. In the modern globalised world there is growing need to adopt an outward looking approach in dealing with matters of common interest. This book answers this need by bringing together leading legal scholars and practitioners in the region to explore the theory and practice of trusts law, contextualised to specific jurisdictions in the Asia-Pacific. Exploring 17 jurisdictions in Asia, it bring both an academic and practitioner perspective to trusts law in the region.

This collection of essays investigates the way in which modern private law apportions responsibility between multiple parties who are (or may be) responsible for the same legal event. It examines both doctrines and principles that share responsibility between plaintiffs and defendants, on the one hand, and between multiple defendants, on the other. The doctrines examined include those 'originating' doctrines which operate to create shared liabilities in the first place (such as vicarious and accessorial liability); and, more centrally, those doctrines that operate to distribute the liabilities and responsibilities so created. These include the doctrine of contributory (comparative) negligence, joint and several (solidary) liability, contribution, reimbursement, and 'proportionate' liability, as well as defences and principles of equitable 'allowance' that permit both losses and gains to be shared between parties to civil proceedings. The work also considers the principles which apportion liability between multiple defendants and insurers in cases in which the cause, or timing, of a particular loss is hard to determine. The contributions to this volume offer important perspectives on the law in the UK, USA, Canada, Australia and New Zealand, as well as a number of civilian jurisdictions. They explicate the main rules and trends and offer critical insights on the growth and distribution of shared responsibilities from a number of different perspectives - historical, comparative, empirical, doctrinal and philosophical.

Commercial relationships give rise to diverse forms of legal obligation in private law, including contract, tort, agency, company law and partnership. More controversially, equity and the law of restitution have a less defined and somewhat ambulatory role in regulating the affairs of commercial parties. Nevertheless, their impact is manifest in the commercial arena through the distinct types of liability they engender and the remedies that are imposed. This collection draws together the views of leading international scholars and judges to explore the nature and extent of this impact from two perspectives. Five chapters primarily address this impact at a macro-level, focusing on the roles of equity and the law of restitution in terms of legal taxonomy, doctrine and policy. In contrast, five further chapters primarily address this impact at a micro-level, focusing on selected liabilities and remedies within equity and the law of restitution. This bifocal approach enables a holistic appreciation of some important ways in which equity and the law of restitution affect or may affect commerce, with a view to fostering further debate over the fundamental issues at stake.

The development of private law across the common law world is typically portrayed as a series of incremental steps, each one delivered as a result of judges dealing with marginally different factual circumstances presented to them for determination. This is said to be the common law method. According to this process, change might be assumed to be gradual, almost imperceptible. If this were true, however, then even Darwinian-style evolution - which is subject to major change-inducing pressures, such as the death of the dinosaurs - would seem unlikely in the law, and radical and revolutionary paradigms shifts perhaps impossible. And yet the history of the common law is to the contrary. The legal landscape is littered with quite remarkable revolutionary and evolutionary changes in the shape of the common law. The essays in this volume explore some of the highlights in this fascinating revolutionary and evolutionary development of private law. The contributors expose the nature of the changes undergone and their significance for the future direction of travel. They identify the circumstances and the contexts which might have provided an impetus for these significant changes. The essays range across all areas of private law, including contract, tort, unjust enrichment and property. No area has been immune from development. That fact itself is unsurprising, but an extended examination of the particular circumstances and contexts which delivered some of private law's most important developments has its own special significance for what it might indicate about the shape, and the shaping, of private law regimes in the future.