Download or read book Wills and the Legal Effects of Changed Circumstances written by Alberta Law Reform Institute and published by . This book was released on 2010-01-01 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the final report presented by the Alberta Law Reform Institute (ALRI) in which the ALRI makes a number of recommendations for reform of the Wills Act. All 37 recommendations are given under the group headings of: changes that alter or revoke a will; revocation by law; reviving a revoked will; admission of extrinsic evidence; rectification; failed gifts-beneficiary issues; ademption by conversion; or legal discrimination against children born outside of marriage.
Download or read book Wills Trusts and Estates written by Gerry W. Beyer and published by Aspen Publishers. This book was released on 1999 with total page 660 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new addition To The popular Examples & Explanations Series brings a new degree of clarity to Will, Trusts, and Estates. Noted author Gerry Beyer helps students work through troublesome topics to get a firm grasp of the underlying concepts of the subject. WILLS, TRUSTS, AND ESTATES: Examples & Explanations is equally well suited for class use or independent study. This lively and engaging text lead students to enlightenment through the careful use of: -sample wills and trusts -clear and lucid explanations -effective practice problems -a no-intimidating, conversational tone Instructors will appreciate the book's flexible an adaptable structure that complements a wide range of teaching approaches. Beyer's comprehensive text explores: -non-probate assets -estate administration -disability and death planning -malpractice and professional responsibility -wealth transfer taxation For extra help with an especially difficult concept or a solid review of the entire subject, WILLS, TRUSTS, AND ESTATES: Examples and Explanations is an excellent choice. Table of Contents Chapter 1: Introduction and Overview 1.1 Brief History of Property Transference When Owner Dies 1.2 Basic Terminology Used in This Book 1.3 Determination of Applicable Law 1.4 the 'Big Picture' PART ONE - INTESTATE SUCCESSION Chapter 2: Descent and Distribution 2.1 Reasons Most Individuals Die Intestate 2.2 Historical Development of Descent and Distribution 2.3 Surviving Spouse 2.4 Descendants 2.5 Ancestors and Collaterals 2.6 Escheat Chapter 3: Treatment of Certain Categories of Potential Heirs 3.1 Posthumous or Afterborn Heirs 3.2 Adopted Individuals 3.3 Non-Marital Children 3.4 Children from Alternative Reproduction Technologies 3.5 Stepchildren 3.6 Half-Blooded Collateral Heirs 3.7 Non-United States Citizens 3.8 Unworthy Heirs Chapter 4: Other Intestate Succession Issues 4.1 Ancestral Property 4.2 Advancements 4.3 Survival 4.4 Disclaimers 4.5 Assignment or Release of Expectancy to Inherit 4.6 Equitable Conversion 4.7 Liability for Debts of Predeceased Intermediary 4.8 Heir Designation 4.9 Choice of Law PART TWO - WILLS Chapter 5: Requirements for a Valid Will 5.1 Legal Capacity 5.2 Testamentary Capacity (Sound Mind) 5.3 Testamentary Intent 5.4 Formalities Chapter 6: Changing Circumstances After Will Execution - Property 6.1 Classification of Testamentary Gifts 6.2 Ademption by Extinction 6.3 Ademption by Satisfaction 6.4 Changes in Value 6.5 Exoneration 6.6 Abatement 6.7 Tax Apportionment Chapter 7: Changing Circumstances After Will Execution - Persons 7.1 Marriage of a Testator 7.2 Divorce of Testator 7.3 Pretermitted Heirs 7.4 Death of Beneficiary - Lapse 7.5 Failure of Charitable Gift - Cy Pres 7.6 Survival Chapter 8: Revocation of Wills 8.1 Revocation by Operation of Law 8.2 Revocation by Physical Act 8.3 Revocation by Subsequent Writing 8.4 Presumptions 8.5 Revival 8.6 Conditional Revocation 8.7 Multiple Originals Chapter 9: Interpretation and Construction 9.1 Ambiguity 9.2 Integration 9.3 Incorporation by Reference 9.4 Facts of Independent Significance 9.5 Tangible Personal Property Document 9.6 Pour-Over Provisions 9.7 Precatory Language 9.8 Class Gifts 9.9 Dead Person's Statute Chapter 10: Will Contests 10.1 Failure to Satisfy Requirements of a Valid Will 10.2 Insane Delusions 10.3 Undue Influence 10.4 Duress 10.5 Fraud 10.6 Mistake 10.7 Remedies 10.8 Preventing Will Contests Chapter 11: Other Will Issues 11.1 Conditional Wills
Download or read book Report on Wills and Changed Circumstances written by Law Reform Commission of British Columbia and published by Law Reform Commission of British Columbia. This book was released on 1989 with total page 73 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Text and Time written by Adam J. Hirsch and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Events may occur after a will is executed that ordinarily give rise to changes of intent regarding the estate plan - yet the testator may take no action to revoke or amend the original will. Should such a will be given literal effect? When, if ever, should lawmakers intervene to update a will on the testator's behalf? This is the problem of testamentary obsolescence. It reflects a fundamental, structural problem in law that can also crop up with regard to statutes, contracts, and other performative texts, any one of which may become timeworn. This article develops a theoretical framework for determining when lawmakers should - and should not - step in to revise wills that testators have left unaltered, and to locate this framework in the context of other forms of textual obsolescence. The article focuses on a variable I call friction - i.e., the extent of difficulty text makers face in revising texts on their own. Some changed circumstances display the interesting quality of altering testamentary intent while simultaneously disabling the testator from executing a new estate plan. In such instances, legal intervention to effectuate intent is warranted. Where the testator remains in a position to amend a will following a change of circumstance, the case for legal intervention becomes uneasy. Nevertheless, lesser forms of friction may continue to operate, affording testators less practical opportunity to redo their wills, and hence again giving cause for interpreting wills dynamically. When lawmakers do act to update a will, they should ordinarily do so on the basis of the testator's probable intent. Yet, I also argue that in some instances lawmakers do better to follow the testator's probable assumptions about what rule governs will interpretation, even if that rule fails to match most testators' preferences. I call this an error-minimizing default. In the Appendix, I show that under some conditions an error-minimizing default is more efficient than a majoritarian default, a contribution to default rule theory.
Download or read book New Knowledge and Changing Circumstances in the Law of the Sea written by Tomas Heidar and published by BRILL. This book was released on 2020-09-07 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: New Knowledge and Changing Circumstances in the Law of the Sea focuses on the challenges posed to the existing legal framework, in particular the United Nations Convention on the Law of the Sea, and the various ways in which States are addressing these challenges.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book The Living Constitution written by David A. Strauss and published by Oxford University Press. This book was released on 2010-05-19 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: Supreme Court Justice Antonin Scalia once remarked that the theory of an evolving, "living" Constitution effectively "rendered the Constitution useless." He wanted a "dead Constitution," he joked, arguing it must be interpreted as the framers originally understood it. In The Living Constitution, leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other "originalists," explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anything-goes flexibility caricatured by opponents. The living Constitution is not an out-of-touch liberal theory, Strauss further shows, but a mainstream tradition of American jurisprudence--a common-law approach to the Constitution, rooted in the written document but also based on precedent. Each generation has contributed precedents that guide and confine judicial rulings, yet allow us to meet the demands of today, not force us to follow the commands of the long-dead Founders. Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom of speech. By contrast, originalism suffers from fatal flaws: the impossibility of truly divining original intent, the difficulty of adapting eighteenth-century understandings to the modern world, and the pointlessness of chaining ourselves to decisions made centuries ago. David Strauss is one of our leading authorities on Constitutional law--one with practical knowledge as well, having served as Assistant Solicitor General of the United States and argued eighteen cases before the United States Supreme Court. Now he offers a profound new understanding of how the Constitution can remain vital to life in the twenty-first century.
Download or read book Communities in Action written by National Academies of Sciences, Engineering, and Medicine and published by National Academies Press. This book was released on 2017-04-27 with total page 583 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the United States, some populations suffer from far greater disparities in health than others. Those disparities are caused not only by fundamental differences in health status across segments of the population, but also because of inequities in factors that impact health status, so-called determinants of health. Only part of an individual's health status depends on his or her behavior and choice; community-wide problems like poverty, unemployment, poor education, inadequate housing, poor public transportation, interpersonal violence, and decaying neighborhoods also contribute to health inequities, as well as the historic and ongoing interplay of structures, policies, and norms that shape lives. When these factors are not optimal in a community, it does not mean they are intractable: such inequities can be mitigated by social policies that can shape health in powerful ways. Communities in Action: Pathways to Health Equity seeks to delineate the causes of and the solutions to health inequities in the United States. This report focuses on what communities can do to promote health equity, what actions are needed by the many and varied stakeholders that are part of communities or support them, as well as the root causes and structural barriers that need to be overcome.
Download or read book Chinese Contract Law written by Larry A. DiMatteo and published by Cambridge University Press. This book was released on 2017-10-26 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.
Download or read book American Law Reports Annotated written by and published by . This book was released on 1922 with total page 1620 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Wills Trusts and Estates for Legal Assistants written by Gerry W. Beyer and published by Aspen Publishing. This book was released on 2019-09-13 with total page 876 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using an effective “learn by doing” approach, Wills, Trusts, and Estates for Legal Assistants emphasizes examples and applications, and includes hundreds of real life situations with detailed explanations. Students understand what the rules of law mean and how they apply in a real world context. The complete topic coverage introduces wills and trusts, intestate succession, estate administration, nonprobate transfers, and other estate planning issues such as taxes and malpractice. A balanced, experienced author team skillfully blends theory with practice and extensive pedagogy reinforces the text, with marginal terms and a glossary, ethical points, checklists, practice tips, and sample forms. The instructor's manual provides a summary of chapters, a model course outline, exam questions, assignment ideas, exercises, and a research guide for wills, trusts, and estates. New to the Sixth Edition: The impact of the Tax Cuts and Jobs Act on federal income, gift, estate, and generation-skipping transfer taxes Rights and liabilities of same-sex spouses Electronic wills and access to a decedent’s digital assets Techniques for demonstrating testamentary capacity Directed trusts and trusts authorizing trustees to consider environmental, social, and governance factors in making investment decisions Modifying the terms of an irrevocable trust by “decanting” Professors and students will benefit from: lively, lucid, and conversational style grabs and holds students’ interest learning-by-doing approach gives students a concrete grasp of abstract concepts Practice Tips guide students through the critical process of preparing and managing files flexible structure allows professors to follow the presentation of concepts in the book or organize the chapters to fit their syllabus
Download or read book Letter from Birmingham Jail written by MARTIN LUTHER KING JR. and published by Penguin Classics. This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This landmark missive from one of the greatest activists in history calls for direct, non-violent resistance in the fight against racism, and reflects on the healing power of love.
Download or read book The Rule Against Perpetuities written by John Chipman Gray and published by . This book was released on 1886 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Common Law written by Oliver Wendell Holmes and published by Legare Street Press. This book was released on 2022-10-26 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Download or read book Care Without Coverage written by Institute of Medicine and published by National Academies Press. This book was released on 2002-06-20 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many Americans believe that people who lack health insurance somehow get the care they really need. Care Without Coverage examines the real consequences for adults who lack health insurance. The study presents findings in the areas of prevention and screening, cancer, chronic illness, hospital-based care, and general health status. The committee looked at the consequences of being uninsured for people suffering from cancer, diabetes, HIV infection and AIDS, heart and kidney disease, mental illness, traumatic injuries, and heart attacks. It focused on the roughly 30 million-one in seven-working-age Americans without health insurance. This group does not include the population over 65 that is covered by Medicare or the nearly 10 million children who are uninsured in this country. The main findings of the report are that working-age Americans without health insurance are more likely to receive too little medical care and receive it too late; be sicker and die sooner; and receive poorer care when they are in the hospital, even for acute situations like a motor vehicle crash.
Download or read book Ending Discrimination Against People with Mental and Substance Use Disorders written by National Academies of Sciences, Engineering, and Medicine and published by National Academies Press. This book was released on 2016-09-03 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: Estimates indicate that as many as 1 in 4 Americans will experience a mental health problem or will misuse alcohol or drugs in their lifetimes. These disorders are among the most highly stigmatized health conditions in the United States, and they remain barriers to full participation in society in areas as basic as education, housing, and employment. Improving the lives of people with mental health and substance abuse disorders has been a priority in the United States for more than 50 years. The Community Mental Health Act of 1963 is considered a major turning point in America's efforts to improve behavioral healthcare. It ushered in an era of optimism and hope and laid the groundwork for the consumer movement and new models of recovery. The consumer movement gave voice to people with mental and substance use disorders and brought their perspectives and experience into national discussions about mental health. However over the same 50-year period, positive change in American public attitudes and beliefs about mental and substance use disorders has lagged behind these advances. Stigma is a complex social phenomenon based on a relationship between an attribute and a stereotype that assigns undesirable labels, qualities, and behaviors to a person with that attribute. Labeled individuals are then socially devalued, which leads to inequality and discrimination. This report contributes to national efforts to understand and change attitudes, beliefs and behaviors that can lead to stigma and discrimination. Changing stigma in a lasting way will require coordinated efforts, which are based on the best possible evidence, supported at the national level with multiyear funding, and planned and implemented by an effective coalition of representative stakeholders. Ending Discrimination Against People with Mental and Substance Use Disorders: The Evidence for Stigma Change explores stigma and discrimination faced by individuals with mental or substance use disorders and recommends effective strategies for reducing stigma and encouraging people to seek treatment and other supportive services. It offers a set of conclusions and recommendations about successful stigma change strategies and the research needed to inform and evaluate these efforts in the United States.
Download or read book Retroactivity and the Common Law written by Ben Juratowitch and published by Bloomsbury Publishing. This book was released on 2008-02-15 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the common law's approach to retroactivity. The central claim is that when a court considers whether to develop or change a common law rule the retroactive effect of doing so should explicitly be considered and, informed by the common law's approach to statutory construction, presumptively be resisted. As a platform for this claim a definition of 'retroactivity' is established and a review of the history of retroactivity in the common law is provided. It is then argued that certainty, particularly in the form of an ability to rely on the law, and a conception of negative liberty, constitute rationales for a general presumption against retroactivity at a level of abstraction applicable both to the construction of statutes and to developing or changing common law rules. The presumption against retroactivity in the construction of statutes is analysed, and one conclusion reached is that the presumption is a principle of the common law independent of legislative intent. Across private, public and criminal law, the retroactive effect of judicial decisions that develop or change common law rules is then considered in detail. 'Prospective overruling' is examined as a potential means to control the retroactive effect of some judicial decisions, but it is argued that prospective overruling should be regarded as constitutionally impermissible. The book is primarily concerned with English and Australian law, although cases from other common law jurisdictions, particularly Canada and New Zealand, are also discussed. The conclusion is that in statutory construction and the adjudication of common law rules there should be a consistently strong presumption against retroactivity, motivated by the common law's concern for certainty and liberty, and defeasible only to strong reasons. 'Ben Juratowitch not only gives an account of the operation of the presumption, but also teases out the policies which underlie the different rules. This is particularly welcome. Lawyers and judges often seem less than sure-footed when confronted by questions in this field. By giving us an insight into the policies, the author provides a basis for more satisfactory decision-making in the future. ...The author not only discusses the recent cases but examines the question in the light of authority in other Commonwealth jurisdictions and with due regard to the more theoretical literature. This is a valuable contribution to what is an important current debate in the law. Happily, Ben Juratowitch has succeeded in making his study not only useful, but interesting and enjoyable.' From the Foreword by Lord Rodger of Earlsferry
