The volume Planning for Death: Wills and Death-Related Property Arrangements in Europe, 1200-1600 analyses death-related property transfers in several European regions (England, Poland, Italy, South Tirol, and Sweden). Laws and customary practice provided a legal framework for all post-mortem property devolution. However, personal preference and varied succession strategies meant that individuals could plan for death by various legal means. These individual legal acts could include matrimonial property arrangements (marriage contracts, morning gifts) and legal means of altering heirship by subtracting or adding heirs. Wills and testamentary practice are given special attention, while the volume also discusses the timing of the legal acts, suggesting that while some people made careful and timely arrangements, others only reacted to sudden events. Contributors are Christian Hagen, R.H. Helmholz, Mia Korpiola, Anu Lahtinen, Marko Lamberg, Margareth Lanzinger, Janine Maegraith, Federica Mase, Anthony Musson, Tuula Rantala, Elsa Trolle OEnnerfors, and Jakub Wysmulek.

Surrogate Court dockets are filled with cases involving family members fighting over the assets and intentions of a deceased parent or spouse. "Probate Wars of the Rich & Famous: An Insider's Guide to Estate Planning and Probate Litigation" tracks the estate litigation cases of Anna Nicole Smith, Brooke Astor, Michael Jackson, Nina Wang, Jerry Garcia and Leona Helmsley and identifies the five universal factors that caused such disputes. Each chapter provides estate planning insights designed to help individuals plan their estates without causing litigation. If, however, probate litigation cannot be avoided, the book also provides invaluable lessons about undue influence claims, how to remove a fiduciary, demanding an estate accounting and claims seeking to set aside lifetime transfers that undermined the decedents intentions. Few - if any - estate planning books utilize colorful celebrity accounts to provide meaningful insights and actionable advice.

The number of disputes involving trusts has risen significantly in recent years. Many disputes take place in the international environment and cross-border jurisdictional issues may arise. These disputes often involve large sums of money, impacting significantly on family relations. The handling of such disputes requires specialist skills and knowledge, including an understanding of how and why private trusts are established and administered and the problems that can arise; an awareness of the cross-jurisdictional issues that may be relevant; and the ability to identify practical legal solutions to the dispute that are compliant with trust principles. 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.

Increasing numbers of people have connections with one country, but live and work in another, frequently owning property or investments in several countries. People with lifelong or subsequently developed impairments of capacity move cross-border or have property or family interests or connections spread across different jurisdictions. This new work fills a gap in a specialist market for a detailed work advising lawyers on all the considerations in these situations. The book provides a clear, comprehensive, and unique overview of all relevant capacity and private international law issues, and the existing solutions in common law and civil law jurisdictions and under Hague Convention XXXV. It sets out the existing law of various important jurisdictions, including detailed chapters on the constituent parts of the UK, Ireland, Jersey, the Isle of Man and the Hague 35 states; and shorter chapters on 26 Non-Hague states and those within federal states, including coverage of the United States, several Australian and Canadian states, and a number of other Commonwealth jurisdictions. Containing a number of helpful case studies and flowcharts, the book draws upon the expertise of the editors in their respective fields, together with detailed contributions from expert practitioners and academics from each relevant jurisdiction. All the editors and many of the contributors and correspondents are members of STEP.

The resulting trust has received little attention in recent years and this may be because, until relatively recently, the law relating to resulting trusts was thought to be settled and uncontroversial. Most of the current academic writing about resulting trusts is found in the established textbooks on equity and trusts, but these tend to provide little more than catalogues of the situations in which resulting trusts arise. There is, however, very little consensus on the principle by which the resulting trust operates, including the fundamental question whether it arises by opertaion of law or depends on the presumed intention to create a trust. This book examines the true nature of the resulting trust and the question whether the trusts brought into being to reverse unjust enrichment should not include resulting trusts. It then considers whether, when resulting trusts are properly understood, it does turn out that it is through the resulting trust that equity makes its principle contribution to reversing unjust enrichment. This book examines principally the case law of the UK, Canada and Australia, and it also makes reference to the views of academic commentators as found in the standard texts and law journals.

Brokering shares the spiritual gifts and intimate memories from his life he wishes to pass on. Almost everyone has a Last Will and Testament that describes what will become of their property but few people have thought about the spiritual gifts they'd like to leave behind. This work describes the knowledge Brokering has received from the people, places and events of his life. It inspires readers to reflect on what they would wish to leave their loved ones. Each chapter includes a Bible passage for reflection. "I will you the wind, the prairie wind I have loved. I will you the high wind I can still feel in the tug of the kite string, a wind dancing in the sky above" - excerpt from chapter one. It is written by a bestselling author.

Joyce Rogers sheds new light upon Shakespeare's last public words through her study of medieval and Renaissance ecclesiastical and testamentary laws and custom. Professor Rogers provides extensive background material on English legal history and shows that the legal documents of the time do give legal answer to the doubts and speculations that have grown up around Shakespeare's will. She shows how the will is replete with elements of civil and common as well as ecclesiastical law and custom, making more understandable the disputed points of Shakespeare's will, and establishing that the will was as correct, incontestable, and conventional as possible.

The main thrust of the book, however, is not on the law as such. It is on how the law was used by Shakespeare to serve the best interests and needs of the women and children in his family as well as the friends named therein. As such, the book will be invaluable to students and scholars of Elizabethan society and to all Shakespearean scholars.

The Wills and Inheritance Protocol sets out the Law Society's preferred practice in will drafting, probate and estate administration and supports the provision of consistent and high quality services by legal practices. The Protocol aims to raise standards of client care and service by: improving communication between practices, clients and beneficiaries increasing transparency and therefore understanding of the necessary processes encouraging practices to agree timescales and service levels with clients. Meeting the obligations of the Protocol is the cornerstone of the new Wills and Inheritance Quality Scheme and will also help all legal practices to: demonstrate high standards of practice to clients and others meet legal requirements achieve compliance with outcomes-focused regulation provide a consistent level of service. This book contains the full text of the Protocol version 1.0 and an appendix with relevant statutory extracts and guidance on good practice.

There is no room for error in the drafting of Wills because when a Will comes into effect the testator is not present to revise, amend, interpret or give instructions as to his intentions. This places a special onus on the drafter to be linguistically precise and technically correct. Failure to adhere to the minutiae of the technicalities and legalities have led to many a family dispute, costly litigation, and delays in the winding up of estates, causing both emotional and financial hardship to the family of the deceased. This practical guide, written by a specialist in the drafting of wills, covers all the processes, considerations and technicalities involved in correct and sound drafting of wills, covering details that are vital to good testamentary practice. It is essential reading and reference for all professionals involved in the drafting of wills and in the administration of deceased estates, including lawyers, accountants, tax advisers, bankers, insurers, and testators themselves. The book is based on the latest developments in the law and recent judgments pertaining to Wills. As both a practitioner and lecturer in the field of deceased estates, Ceris Field brings a wealth of knowledge and experience to the subject of drafting of Wills.

The amendments to the law of wills brought about by the Law of Succession Amendment Act of 1992 have created fundamental changes in South African testamentary law. This book analyzes the Wills Act as now amended. It deals with such topics as language usage generally, taking instruction from would-be testators, the structure of wills, estate duty, the limits to freedom of testation, the interpretation of wills, donation of human tissues, the so-called living will, traps to avoid in drafting, testamentary trusts, and other problems which practitioners commonly have to handle. It discusses important cases which have shaped testamentary law and gives examples of wills and testamentary trusts.

Wealth can be transferred on death in a number of different ways, most commonly by will. Yet a person can also use a variety of other means to benefit someone on death. Examples include donationes mortis causa, joint tenancies, trusts, life-insurance contracts and nominations in pension and retirement plans. In the US, these modes of transfer are grouped under the category of 'will-substitutes' and are generally treated as testamentary dispositions. Much has been written about the effect of the use of will-substitutes in the US, but little is generally known about developments in other jurisdictions. For the first time, this collection of contributions looks at will-substitutes from a comparative perspective. It examines mechanisms that pass wealth on death across a number of common law, civil law and mixed legal jurisdictions, and explores the rationale behind their use. It analyses them from different viewpoints, including those of owners of businesses, investors, as well as creditors, family members and dependants. The aims of the volume are to show the complexity and dynamics of wealth transfers on death across jurisdictions, to identify patterns between jurisdictions, and to report the attitudes towards the different modes of transfer in light of their utility and the potential frictions they give rise to with policies and principles underpinning current laws.

In every Western democracy today, inheritances have a very profound influence on people's lives. This motivates renewed scholarship on inheritance law by philosophy and the legal sciences. The present volume aims to contribute to some ongoing areas of inquiry while also filling some gaps in research. It is organized in a highly interdisciplinary way. In the thirteen chapters of the book, written by outstanding philosophers and legal scholars, the following questions, among others, are discussed: What is the nature of the right to bequeath? What are the social functions of bequest and inheritance? What arguments concerning justice have philosophers and legal scholars advanced in favour or against practices of bequest and inheritance? How should we think about taxing the wealth transfers that occur in bequest and inheritance? In discussing these questions, the authors break new ground and offer much needed insight into several related domains, such as the philosophy of law; legal theory; general and applied ethics; social and political philosophy; theories of justice; and the history of legal, political, and economic thought. This book will be of great interest to scholars in these areas as well as policy-makers.

A study of the implications and practices of wills and will-making in Anglo-Saxon society, and of the varieties of inheritance strategies and commemorative arrangements adopted. A remarkable series of Anglo-Saxon wills have survived, spanning the period from the beginning of the ninth century to the years immediately following the Norman Conquest. Written in Old English, they reflect the significance of the vernacular, not only in royal administration during this period, but in the recording of a range of individual transactions. They show wealthy laymen and women, and clerics, from kings and bishops to those of thegnly status, disposing of land and chattels, and recognising ties of kinship, friendship, lordship and service through their bequests; and whilst land is of prime importance, the mention in some wills of such valuable items as tableware, furnishings, clothing, jewellery and weapons provides an insight into lifestyle at the time. Despite their importance, no study has hitherto been specifically devoted to Anglo-Saxon wills in their social and historical context, a gap which this book aims to fill. While the wills themselves can be vague and allusive, by establishing patterns of bequeathing, and by drawing on other resources, the author sheds light on the factors which influenced men and womenin making appropriate provision for their property. Linda Tollerton gained her PhD from the University of York.

The fate of the dead is a compelling and emotive subject, which also raises increasingly complex legal questions. This book focuses on the substantive laws around disposal of the recently deceased and associated issues around their post-mortem fate. It looks primarily at the laws in England and Wales but also offers a comparative approach, drawing heavily on material from other common law jurisdictions including Australia, New Zealand, Canada and the United States. The book provides an in-depth, contextual and comparative analysis of the substantive laws and policy issues around corpse disposal, exhumation and the posthumous treatment of the dead, including commemoration. Topics covered include: the legal frameworks around burial, cremation and other disposal methods; the hierarchy of persons who have a legal duty to dispose of the dead and who are entitled to possession of the deceased's remains; offences against the dead; family burial disputes, and the legal status of burial instructions; the posthumous use of donated bodily material; and the rules around disinterment, and creating an appropriate memorial. A key theme of the book will be to look at the manner in which conflicts involving the dead are becoming increasingly common in secular, multi-cultural societies where the traditional nuclear family model is no longer the norm, and how such legal contests are resolved by courts. As the first comprehensive survey of the laws in this area for decades, this book will be of use to academics, lawyers and judges adjudicating on issues around the fate of the dead, as well as the death industry and funeral service providers.

Secure your financial and online assets with MemoryBanc Your Workbook For Organizing Life. Today, more than $58 billion is sitting with state and federal treasurers representing bank accounts, insurance, tax returns, and retirement accounts that were lost in the shuffle of a move, personal crisis, or death. Nearly half of adults over forty can expect to face a short-term disability before they reach sixty-five and 70 percent of American's over sixty-five will need three years of care and support. MemoryBanc makes it easy to document accounts, usernames, and medical history so they can be easily found or shared should they ever be needed by a spouse or loved one. It also helps couples that divide and conquer stay on the same page and gives individuals a way to easily hand over important information should it ever be needed. With the help of MemoryBanc, readers no longer have to store their information in their heads, on their phones, in a file, or under a keyboard-they now have one place that captures it all. Find out how easily it is to secure your assets with MemoryBanc Your Workbook For Organizing Life.

Donations, Inheritance and Property in the Nordic and Western World from Late Antiquity until Today presents an examination of Nordic donation and gift-giving practices in the Nordic and Western world, beginning in late Antiquity and extending through to the present day. Through chapters contributed by leading international researchers, this book explores the changing legal, social and religious frameworks that shape how donations and gifts are given. In addition to donations to ecclesiastical, charitable and cultural institutions, this books also highlights the sociolegal challenges and the tensions that can occur as a result of transferring property, including answering key questions such as who has a right to what. It also presents, for the first time, an insight into the dynamics of donations and the interplay between individual motivations, strategic behaviour and the legal setting of inheritance law. Offering a broad chronological and European perspective and including a wide range of illuminating case studies Donations, Inheritance and Property in the Nordic and Western World from Late Antiquity until Today is ideal for students of Nordic and European legal and social history.

This important collection of essays by a distinguished group of trust lawyers demonstrates that trusts law continues to be an area of great vitality and practical significance. Trusts is a subject that excites interest with its mixture of sophisticated thinking and practical commercial application. The papers in this volume not only have international appeal but also cover areas which are currently important to the legal profession. The essays range widely over subjects as varied as non-charitable purpose trusts (important for their use in tax havens in commercial and estate planning roles), the protector (a figure increasingly introduced to discretionary trusts in tax havens), pension trusts (important in the light of recent pension fraud), the duty of care owed by company directors to the company, liability and remedies for breach of trust, equities reaction to modern domestic relationships and taxation of the constructive trustee.

Succession, Wills and Probate is an ideal textbook for those taking an undergraduate course in this surprisingly vibrant subject, and also provides a clear and comprehensive introduction for professionals. Against an account of the main social and political themes of succession law, the book gives detailed explanations of core topics such as alternatives to wills and the making, altering and revocation of wills. It also explains personal representatives and how they should deal with a deceased person's estate and interpret and implement the will. Gifts may fail, estates may be insolvent or a person may die intestate, without a will at all. Increasingly relatives and others seek to challenge the will, for example on the grounds of the testator's capacity or under the law of family provision. This third edition is edited, updated and revised to take account of new legislation and case law across all the relevant issues, including a new final chapter dealing with the potentially contentious issues that are becoming more central to professional work in the field of succession.

This is the first book to provide a detailed and thorough conceptual analysis of the unit trust. Such analysis is not just of academic interest: it is of much practical relevance too. The author examines such topics as the nature of the unit trust, the interaction of unit holders, the manager's legal position, and the trustee and manager relationship. The book will be invaluable to all those requiring a better understanding of the unit trust.

"An invaluable tool to help you collect the information your attorney needs." --Michael Cragun, Utah State Tax Commissioner An Accessible Guide to Estate Planning With Estate Planning (in Plain English)(R), readers will learn to comprehend the legal jargon and navigate the complex rules involved in preparing one's estate. The authors provide clear information and cite actual cases to help readers approach the process with the confidence and knowledge they need to make the best decisions for their heirs. Chapters discuss important topics such as: Estate plans, wills, and a variety of trusts Guardians, powers of attorney, advance directives, and other essential documents Life insurance Digital assets Gifts Tax considerations Avoiding probate Identifying and caring for estate property Settling business assets Finding a lawyer An invaluable reference for those preparing their estates and for their families, Estate Planning (in Plain English)(R)will enable readers to take the necessary steps to preserve their legacies.

Clignet's analysis of inheritance patterns in modern America is the fi rst sustained treatment of the subject by a sociologist. Clignet shows that even today inheritance serves to perpetuate both familial wealth and familial relations. He examines what leads decedents to chose particular legal instruments (wills, trusts, insurance policies, gifts "inter vivos") and how, in turn, the instrument chosen helps explain the extent and the form of inequalities in bequests, of a result of the gender or matrimonial status of the beneficiaries.

The author's major is to identify and explain the most signifi cant sources of variations in the amount and the direction of transfers of wealth after death in the United States. He uses two kinds of primary data: estate tax returns fi led by a sample of male and female benefi ciaries to estates in 1920 and 1944, representing two successive generations of estate transfers, and publicly recorded legal instruments such as wills and trusts. In addition, Clignet draws widely on secondary sources in the fi elds of anthropology, economics, and history. His fi ndings reflect substantive and methodological concerns. Th e analysis underlines the need to rethink the sociology of generational bonds, as it is informed by age and gender.

"Death, Deeds, and Descendants" underscores the variety of forms of inequality that bequests take and highlights the complexity of interrelations between the cultures of the decedents' nationalities and issues like occupation and gender. Inheritance is viewed as a way of illuminating the subtle tensions between continuity and change in American society. This book is an important contribution to the study of the relationship between sociology of the family and sociology of social stratification.