Wills, Trusts, and Estates, Tenth Edition

Front Cover
Wolters Kluwer Law & Business, Jun 5, 2017 - Law - 1072 pages

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Hailed as one of the best casebooks in legal education, the text combines interesting cases, thoughtful analysis, notes, images, and a clear organization for an excellent teaching tool.

Retaining the late Jesse Dukeminier's blend of wit, erudition, and playfulness, the Tenth Edition uses cartoons, illustrations, case documents, and photographs to provide visual commentary that augments the wide-ranging cases and other readings. Sidebars on relevant but unique persons, places, and events provide thought-provoking and fascinating context. This casebook is not only fun to read, but fun for professors to teach.

A thorough Teacher's Manual with a comprehensive transition guide provides a complete teaching summary of all materials in the book. Updated PowerPoint slides with a refreshed design provide structure for classroom organization.

New to the Tenth Edition:

  • All new section on electronic or digital wills and the emerging case law that has begun to accept them
  • All new section on trust decanting, now recognized in 25 states, with attention to the breadth of statutory and case law treatments of decanting
  • Reworked coverage of same-sex marriage in light of Obergefell v. Hodges and refreshed treatment of inheritance rights for cohabiting unmarried partners
  • Updated and expanded coverage of wealth and income inequality
  • Refreshed treatment, with updated case law, on undue influence
  • Attention to new case law and statutory developments in will execution and reformation of wills for mistake
  • Revised and clarified coverage of revocable trusts and other nonprobate transfers and the difficult relationship of state wealth transfer law with federal pension law
  • Updated treatment of trust fiduciary law, including new case law and statutory developments on directed trusts, waiver of fiduciary duties, and trust investment law
  • Revised treatment of creditor rights to beneficial interests in trust, with attention to choice-of-law rules and growing statutory recognition of self-settled asset protection trusts

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Contents

FREEDOM OF DISPOSITION
1
A Question of Tax Policy?
25
Can Probate Be Avoided?
49
AN ESTATE PLAN BY DEFAULT
63
FORMALITIES AND FORMS
141
B Revocation of Wills
217
CAPACITY AND CONTESTS
263
B Undue Influence
281
CHARITABLE PURPOSES CY PRES AND SUPERVISION
759
369
762
POWERS OF APPOINTMENT
807
B Exercise of a Power of Appointment
820
372
829
Failure to Exercise a Power of Appointment
842
CONSTRUCTION AND FUTURE INTERESTS
845
B Construction of Trust Instruments
855

Duress
310
E Tortious Interference with an Expectancy
317
CONSTRUCTION
325
2
373
CHARACTERISTICS AND CREATION
385
B Creation of a Trust
401
NONPROBATE TRANSFERS AND PLANNING FOR INCAPACITY
439
B Revocable Trusts
445
The Other Will Substitutes
471
Planning for Incapacity
498
Disposition of the Body
514
PROTECTION OF THE SPOUSE AND CHILDREN
519
B Intentional Omission of a Child
564
Protection Against Unintentional Omission
571
FIDUCIARY ADMINISTRATION
587
B The Duty of Loyalty
596
The Duty of Prudence
611
The Duty of Impartiality
667
E The Duty to Inform and Account
675
ALIENATION AND MODIFICATION
695
B Modification and Termination
727
Trustee Removal
750
b Gifts to Children Issue or Descendants
874
The Rule of Convenience
881
THE RULE AGAINST PERPETUITIES AND TRUST DURATION
887
a The Fertile Octogenarian
897
Application of the Rule to Class Gifts and Powers of Appointment
916
Other Durational Limits
922
373
927
WEALTH TRANSFER TAXATION
929
g Transfers Within Three Years of Death
961
Deductions
967
The GenerationSkipping Transfer Tax
975
E Income Taxation of Grantor Trusts
981
Table of Cases
983
381
991
Author Index
993
Index
999
5
1003
385
1006
4
1011
843
1017
386
1023
Copyright

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