Wills, Trusts, and Estates: Practical Applications of the Law

Wills, Trusts, and Estates: Practical Applications of the Law

by Lucy Allen Marsh

Paperback(New Edition)

$31.95

Overview

Helping students learn to write accurate wills and trusts, this new book is designed for classroom use alongside a casebook or textbook. With a practical, hands-on approach, it provides the 'big picture' of how wills work, how trusts can be used effectively, and how to draft necessary documents.

  • The final chapter provides samples and discussions of three supplementary documents which clients normally want when they come in for a will.
  • An appendix provides the complete wills of Elvis Presley, Georgia O'Keefe, and Mark Rothko, and gives students a good idea of what a real will looks like.
  • Various drafting exercises enable students to apply the concepts they have studied.
  • The exercises are followed by Pointers for Drafting which give a better understanding of the theories discussed.
  • Product Details

    ISBN-13: 9781567067699
    Publisher: Wolters Kluwer Law & Business
    Publication date: 04/28/1998
    Edition description: New Edition
    Pages: 352

    Table of Contents

    INTRODUCTION

    FUNDAMENTALS OF GOOD DRAFTING

    CHAPTER 1: WHY HAVE A WILL?

    A). What Happens Without a Will - Intestacy B). What Can Be Accomplished With a Will? C). Drafting Exercise

    D). Pointers for Drafting

    E). Omitting Certain Relatives F). Who Are The Relatives? Possibilities of Adoption

    G). Drafting Exercise H). Pointers for Drafting

    CHAPTER 2: CAPACITY TO MAKE A WILL

    A). Undue Influence B). Problems of Undue Influence C). Recognizing and Preventing Undue Influence D). Drafting Exercises E). Pointers for Drafting

    CHAPTER 3: TOOLS AVAILABLE FOR USE IN WILLS AND TRUSTS

    A). Specific and General Bequests B). Acts of Independent Significance - Flexibility C). Incorporation by Reference D). Residuary Estate

    CHAPTER 4: TRUSTS

    Introduction - Reasons for Trusts: How to Establish Inter Vivos and Testamentary Trusts A). Discretionary Trusts B). Support Trusts C). Spendthrift Trusts D). Drafting Exercise E). Pointers for Drafting F). Pour Over Trusts G). Charitable Trusts H). Living Trusts - Sample California Form (and comments)

    CHAPTER 5: SPECIAL PROVISIONS REGARDING THE TRUSTEES A). Selecting the Trustees B). Directions to Trustees C). Drafting Exercise D). Pointers for Drafting E). Compensation for the Trustees (or Executors) F). Exculpatory Clause for Trustees (or Executors) G). No Bond Required for Trustees (or Executors) H). Drafting Exercise I). Pointers for Drafting

    CHAPTER 6: POWERS OF APPOINTMENT

    A). Introduction - Types of Powers and Their Uses B). General Inter Vivos Power of Appointment C). Special Inter Vivos Power of Appointment D). General Testamentary Power E). Special Testamentary Power F). Gift in Default G). Drafting Exercise H). Pointers for Drafting

    CHAPTER 7: RULE AGAINST PERPETUTIES (RAP)

    A). Clear, Quick Way to Find the Measuring Life B). Violations of the Rule Against Perpetuities C). Savings Clauses D). Drafting Exercise E). Pointers for Drafting F). Practice Questions and Answers for the Rule Against Perpetuities

    CHAPTER 8: PROTECTION OF THE SURVIVING SPOUSE - THE AUGMENTED ESTATE [UPC II] A). Statutory Protection for a Surviving Spouse B). The Augmented Estate C). Translating the Augmented Estate D). Helpful Formulas for Calculating the Augmented Estate E). Sample Problems for Calculating the Augmented Estate- WITH ANSWERS F). Elective Share of Surviving Spouse

    CHAPTER 9: INSURING THAT TESTATOR GETS HIS OR HER WAY

    A). No Contest Clauses B). Forced Election - Community Property States C). Dependant Relative Revocation and Revival D). Drafting Exercise E). Pointers for Drafting

    CHAPTER 10: PROTECTING THE CLIENT - AND THE WILL - DURABLE POWERS AND LIVING WILLS

    A). Durable Powers of Attorney B). 'Living Wills' C). Conclusion

    APPENDIX Complete Wills of:


    • Georgia O'Keefe
    • Elvis Presley
    • Mark Rothko
    • Sample Memo Form for UPC Tangible Personal Property
    • Sample Instructions for UPC Memo

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