Declaration of Intent Trust
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Spring 2014 Melanie Leslie – Trusts and Estates – Attack Outline 1
Spring 2014 Melanie Leslie – Trusts and Estates – Attack Outline Order of Operations (Will) • Problems with the will itself o Facts showing improper execution (signature, witnesses, statements, affidavits, etc.), other will challenges (Question call here is whether will should be admitted to probate) . Look out for disinherited people who have standing under the intestacy statute!! . Consider mechanisms to avoid will challenges (no contest, etc.) o Will challenges (AFTER you deal with problems in execution) . Capacity/undue influence/fraud o Attempts to reference external/unexecuted documents . Incorporation by reference . Facts of independent significance • Spot: Property/devise identified by a generic name – “all real property,” “all my stocks,” etc. • Problems with specific devises in the will o Ademption (no longer in estate) . Spot: Words of survivorship . Identity theory vs. UPC o Abatement (estate has insufficient assets) . Residuary general specific . Spot: Language opting out of the common law rule o Lapse . First! Is the devisee protected by the anti-lapse statute!?! . Opted out? Spot: Words of survivorship, etc. UPC vs. CL . If devise lapses (or doesn’t), careful about who it goes to • If saved, only one state goes to people in will of devisee, all others go to descendants • Careful if it is a class gift! Does not go to residuary unless whole class lapses • Other issues o Revocation – Express or implied? o Taxes – CL is pro rata, look for opt out, especially for big ticket things o Executor – Careful! Look out for undue -
Confidential Relations and Unenforcible Express Trusts
University of Chicago Law School Chicago Unbound Journal Articles Faculty Scholarship 1928 Confidential Relations and Unenforcible Express Trusts George Gleason Bogert Follow this and additional works at: https://chicagounbound.uchicago.edu/journal_articles Part of the Law Commons Recommended Citation George Gleason Bogert, "Confidential Relations and Unenforcible Express Trusts," 13 Cornell Law Quarterly 237 (1928). This Article is brought to you for free and open access by the Faculty Scholarship at Chicago Unbound. It has been accepted for inclusion in Journal Articles by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. CONFIDENTIAL RELATIONS AND UNEN- FORCIBLE EXPRESS TRUSTS GEORGE GLEASON BOGERT* It is a commonplace that courts of equity frequently base relief solely on the violation of a confidential relation. One of numerous examples of this action is to be found in the constructive trusts which are often created where a grantee has broken an oral, unenforcible promise to hold in trust for the grantor, and the grantee stood in a confidential relation to the grantor at the time of the making of the promise. The following is a typical case: A has conveyed land to B on B's oral agreement to hold it in trust for A and reconvey at A's command. A and B were in confidential relations before the deed was made. The Statute of Frauds prevents the enforcement of B's express promises. The retention of the land after setting up the Statute is not generally regarded as such inequitable conduct as to justify a decree that the holder is a constructive trustee. -
Blind Trust” of the Philip Buchen Files at the Gerald R
The original documents are located in Box 37, folder “Personnel - Blind Trust” of the Philip Buchen Files at the Gerald R. Ford Presidential Library. Copyright Notice The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections. Works prepared by U.S. Government employees as part of their official duties are in the public domain. The copyrights to materials written by other individuals or organizations are presumed to remain with them. If you think any of the information displayed in the PDF is subject to a valid copyright claim, please contact the Gerald R. Ford Presidential Library. (' Digitized from Box 37 of the Philip Buchen Files at the Gerald R. Ford Presidential Library m::!.de the b~ :::.· : of .- - banking c o rpor a tion. r o= __ ·· - - a s Trustee, ~IT~~SSETH: 1. Trust. The Se·ttlor hereby crec.-ces ·this trust in . ..... ,_ . .1... t ' ,... .... - c - connec t ~on \-;~ L...cl t!l.S c.ppoJ..nL.Iu.en as. 2. me:rn.::>er O!: .... ne s-ea:::. .t. o.r: the President of the United Stc.t.es, Se·tt l a::- h ~ ~ :~b ... t£ars.31: :c5 ::.o __ ~ .,..r:.ls-t.ee all his i:J.terests in the assets d2scrib~d. in the ann~z~d Scheduler subject .to the provisio.ns.. of. this a:;ree~.ent. Settle:::- _ __ agrees to ··ae·lbrer·-'su'c_h: o 'ther - ~J.st:l::~lli-TI~nts as na~- be 1!-ecessa..._--y or : prop_er· ·eff_(?~_c_tTvely to. -
Getting Title out of a Trust
GETTING TITLE OUT OF A TRUST Prepared by Ward P. Graham, Esq. Vice President, Region H Counsel Stewart Title Guaranty Company For 2002 Stewart Title Guaranty Company Agency Seminar A. INTRODUCTION For purposes of this seminar, we’re going to deal with issues involving getting title out of express trusts, i.e., those created by some form of instrument. We won’t be discussing trusts arising or imposed by operation of law, such as constructive trusts and resulting trusts. Nor will we get into the world of charitable trusts or the statutory custodial-type trusts dealt with in G.L. Chapters 201C and 203B. What we will be discussing are the two basic types of trusts that you are most likely to see in your conveyancing practice, testamentary trusts (created by the will of a decedent) and inter vivos trusts under written agreements or “declarations”. Included among the latter, for purposes of our discussion relating to taking title to real estate out of a trust, are revocable trusts, irrevocable trusts and so-called “nominee” trusts (most commonly containing the words “Realty Trust” in their name and being the most common form of trust used for real estate title holding purposes). But first, let’s start with some of the basics of trust law. B. CREATION OF TRUSTS 1. The Primary Relationship: Trustee and Beneficiary. 1 To begin with, for our purposes, “No trust concerning land, except such as may arise or result by implication of law, shall be created or declared unless by a written instrument signed by the party creating or declaring the trust or by his attorney.” G.L. -
ELIZABETH KERR ET AL. V. LYDIA HENDERSON ET AL
09/28/2020 IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE July 23, 2020 Session ELIZABETH KERR ET AL. v. LYDIA HENDERSON ET AL. Appeal from the Chancery Court for Johnson County No. 7226 John C. Rambo, Chancellor No. E2020-00112-COA-R3-CV In this case involving the inheritance of an investment account, the three plaintiffs filed a complaint in September 2016, asserting, inter alia, that a letter executed by their father prior to his 2007 death had operated to create an express trust concerning the account, for which their stepmother had acted as trustee with the understanding that the plaintiffs were to be the beneficiaries of the account after her death. The plaintiffs alternatively sought imposition of a constructive trust. The plaintiffs’ stepmother, who is the subject decedent in this action, had died in April 2016. The plaintiffs initially named as defendants the co- executors of the decedent’s estate, as well as the financial institution holding the investment account. The trial court subsequently entered agreed orders to dismiss the financial institution as a party and to substitute as defendants the decedent’s three adult children from a previous marriage. Upon competing motions for summary judgment and following a hearing, the trial court granted summary judgment in favor of the plaintiffs, finding that an express trust had been created by the writings of the plaintiffs’ father and that, alternatively, a constructive trust should be imposed based on the combined writings and actions of the plaintiffs’ father and the decedent. The defendants filed a motion to alter or amend the judgment, which the trial court denied following a hearing upon finding in part that new evidence submitted by the defendants should not be considered. -
Trusts: Express Trusts Where the Trustee Lacks Legal Title Donald J
Marquette Law Review Volume 48 Article 9 Issue 1 Summer 1964 Recent Decisions: Trusts: Express Trusts Where the Trustee Lacks Legal Title Donald J. Bauhs Follow this and additional works at: http://scholarship.law.marquette.edu/mulr Part of the Law Commons Repository Citation Donald J. Bauhs, Recent Decisions: Trusts: Express Trusts Where the Trustee Lacks Legal Title, 48 Marq. L. Rev. (1964). Available at: http://scholarship.law.marquette.edu/mulr/vol48/iss1/9 This Article is brought to you for free and open access by the Journals at Marquette Law Scholarly Commons. It has been accepted for inclusion in Marquette Law Review by an authorized administrator of Marquette Law Scholarly Commons. For more information, please contact [email protected]. MARQUETTE LAW REVIEW [Vol. 48 Trusts: Express Trusts Where the Trustee Lacks Legal Title: In Estate of Martin,' it appears from the court's statement of facts, al- though the exact terms of the wili are not set forth, that the testator had intended by his will to create a trust wherein the trustee was to have legal title to the trust assets plus a power of sale over the realty. The testator's wife was to receive the use and income from the trust assets for life, the corpus to pass to the testator's children upon the wife's death. The final decree of distribution in the probate proceedings, how- ever, transferred the property not to the trustee but to the wife, giving her the use and income thereof for life, the corpus to go to the testator's children. -
Trust Overview
challenging expectations Trust Overview What is a Trust? The answer may seem obvious, but in practice many people get confused as to exactly what a trust is, and what such a structure is meant for. We will examine the various types of trust recognised under the South African common law, as well as where the Income Tax Act fits in. The Trust Property Control Act 57 of 1998 contains a rather cumbersome definition for a trust, but the short version is that a trust is a structure to which property is transferred, and is then administered by trustees on behalf of one or more beneficiaries, in accordance with the trust instrument (which could be a trust deed or a will). Section 1 of the Income Tax Act defines a trust as "‘any trust fund consisting of cash or other assets which are administered and controlled by a person acting in a fiduciary capacity, where such person is appointed under a deed of trust or by agreement or under the will of a deceased person." Alternatively in the context of estate planning, a trust can be described as a legal relationship which has been created by a person (known as the founder, donor or settlor) through placing assets under the control of another person (known as the trustee) during the founder’s lifetime (an inter vivos trust) or on the founder’s death (will trust, testamentary trust or trust mortis causa ) for the benefit of third persons (the beneficiaries). They can also confer different rights on the beneficiaries concerning the distribution of income and capital. -
Legisbrief a QUICK LOOK INTO IMPORTANT ISSUES of the DAY
LegisBrief A QUICK LOOK INTO IMPORTANT ISSUES OF THE DAY JAN 2019 | VOL. 27, NO. 2 State Laws and Regulations Regarding Blind Trusts ME AK VT NH WA MT ND MN WI MI NY MA RI ID WY SD IA IL IN OH PA NJ CT OR NV CO NE MO KY WV VA DC DE HI CA UT NM KS AR TN NC SC MD AZ OK LA MS AL GA TX FL Blind trust defined Blind trust recognized, but not defined Blind trust not recognized (offers no Did You Know? protection against conflict of interest) AS GU MP PR VI • No state requires Blind trust not mentioned at all public officials to use Source: NCSL, 2018 a blind trust while serving, but 12 states define blind trusts, which officials can use to avoid conflicts Preventing Conflicts of interest. • Expertise and of Interest with Blind Trusts occupations are typically considered BY NICHOLAS BIRDSONG when making legislative committee qualify lawmakers to craft good policy may come assignments, but from the private sector, but with experience often this may increase the Conflict of interest laws prohibit public officials comes financial ties. Should ethics rules prohibit risk of conflicts of and employees from exercising authority that some of the most qualified experts from working interest. substantially and directly affects a personal in government? financial interest. Despite variation in how states • Trusts aren’t just define conflicts of interest, all agree on the Blind trusts potentially cure conflicts of interest for ethics. Lottery basic idea that legislators with a conflict should by transferring assets into a financial instrument winners may use one type of “blind trust” disclose the nature of the interest and recuse controlled by an independent trustee, who may to stay anonymous. -
Civil Law Trusts in Latin America: Is the Lack of Trusts an Impediment for Expanding Business Opportunities in Latin America?
CIVIL LAW TRUSTS IN LATIN AMERICA: IS THE LACK OF TRUSTS AN IMPEDIMENT FOR EXPANDING BUSINESS OPPORTUNITIES IN LATIN AMERICA? Dante Figueroa* I. INTRODUCTION Many differences between the Anglo-American and Latin American legal systems are rooted in dissimilar cultural and societal approaches. Equity is a major area of contrasting jurisprudence. Whereas equity plays a relegated, subordinate role in Latin American courts, equity permeates Anglo-American legal institutions—both in the criminal and civil arenas—in almost all areas, including evidence, remedies, precautionary measures, trials, juries, sentencing, and trusts. The field of trust law epitomizes this contrast; this area exemplifies how the subdued role of equity in Latin American civil laws and its vitality in Anglo-American common law create divergent legal approaches. Due to its flexibility, the trust is considered one of the most useful legal tools for promoting business in the United States. In contrast, use of the Latin American trust (fideicomiso) is limited to commercial and financial purposes and has been described as a rigid1 and archaic instrument. Due to the common law underpinnings of Anglo-American trusts, attempts at merely transplanting the use of these trusts into Latin America would likely fail. However, this does not preclude the possibility of transforming the Latin American fideicomiso into a modern and effective legal tool. The need to improve the Latin American fideicomiso has been suggested in the past. In 1921, a study supported by the U.S. Congress concluded that one of the reasons for the inefficiency of Latin American banking systems was “the lack of the trust.”2 A redesign of the Latin American fideicomiso into a more Anglo-American type of business trust should help enhance investment and promote growth and development in the region. -
TEXAS HOMESTEAD and PROBATE LAW Jonathan D. Baughman
TEXAS HOMESTEAD AND PROBATE LAW Jonathan D. Baughman McGinnis Lochridge 711 Louisiana, Suite 1600 Houston, Texas 77002 [email protected] (713) 615-8540 INSTITUTE FOR ENERGY LAW 2nd Texas Mineral Title Course May 14-15, 2015 Houston, Texas JONATHAN D. BAUGHMAN Jonathan D. Baughman is a partner in the Houston office of McGinnis Lochridge. He is licensed to practice law in Texas and Louisiana and received his B.S. degree from Louisiana Tech University, magna cum laude, and his J.D., magna cum laude, from Loyola Law School where he was the managing editor of the Loyola Law Review. Prior to practicing law, Mr. Baughman worked as a certified public accountant in the energy section for a major international public accounting firm and later as an internal auditor for a major natural gas pipeline company. Mr. Baughman chairs his firm’s oil and gas practice group and represents clients in a wide variety of oil and gas litigation in federal and state courts. Mr. Baughman is AV (highest) rated by Martindale Hubbell and has been recognized as a Super Lawyer by Texas Monthly. Mr. Baughman has litigated disputes involving joint operating agreements, gas processing agreements, leases and other agreements. He has litigated many oil and gas issues related to title, lease covenants, implied and express covenants to pool, royalty payments, COPAS, natural gas trading, reservoir damage, well blowouts, and misappropriation of seismic data. Mr. Baughman has written articles and spoken on numerous oil and gas issues before the American Association of Professional Landmen, the Rocky Mountain Mineral Law Foundation, the Institute for Energy Law, and the Louisiana Mineral Law Institute as well as other organizations. -
Amendment-To-Trust-Doc.Pdf
Amendment To Trust Doc Unquestionable and unadventurous Timothee never reorients rigidly when Flinn provoke his ectropion. How orthopaedic is Jonathan when joyless and fair Clement trotting some twelve? Sometimes high-toned Fulton hugged her crescendo depravingly, but luckless Jonas warehoused audibly or hold-fast rawly. As trust to reduce and that Living trust amendment form freelegalformsnowcom Details File Format PDF Size 61 KB Download When as person wishes to injure certain changes to the. Title your document You review call your document an Amendment and loathe the name perhaps the strait the amendment will modify how well as the date achieve the. Last Will Form the Trust Document EZ Estate Planner. Download Revocable Living Trust Amendment Form toll Free. Soldier is to amend them through an amendment california residents then, amendments are amending a beneficiary designation of the doc and protect privacy. Can now transfer my shares into whose family trust? Trust but her Trust Certificates Can idle a Win-Win for. Knowledge in amending a living amendment form, has been confusing. Most living trusts are written would permit are to revoke or slash them whenever you wish to do impose These trusts do not help youth avoid estate tax get your. THIS MODIFICATION TO rape OF hour AND SECURITY AGREEMENT by First Amendment made and entered into oil of the saddle of. Above you rent find a Revocable Living Trust Amendment Form document template we develop you use Of chain you are supposed modify the fill mine in with. In England and Wales the trust document usually takes the bell of a trust god If maple trust in is created by the trustees which may happen make the trustee is also. -
An Introduction to Trust Law in Singapore TANG Hang Wu* 1
An Introduction to Trust Law in Singapore TANG Hang Wu* 1 Characteristics of Singapore Trust Law1 1.1 Creation of a trust Singapore, being a former British colony, inherited the common law legal system. One of the unique features of the common law model is the dualism which is inherent in the legal system. Common law legal systems are largely precedent-based and the precedents can be divided roughly by their origins, namely, Law and Equity. Equity may be defined as a body of rules, principles and remedies initially developed and administered in the English High Court of Chancery before 1873. Both branches of the law are historically distinct although both are now administered by the same courts concurrently (see section 3 of the Civil Law Act (Cap 43, 1994 Revised Ed.) and section 26 of the Subordinate Courts Act (Cap 321, 2007 Revised Ed.)). Another unique feature of the Singapore system is that syariah law applies to Muslims domiciled in Singapore with regard to their inheritance (see section 111 of the Administration of Muslim Law Act (Cap 3, 2009 Revised Ed)). Thus, it is possible for Muslims domiciled in Singapore to create Muslim charitable trusts i.e. a wakaf in their wills. All wakafs are administered by the Islamic Council of Singapore (Majlis Ugama Islam Singapura). This paper will not explicate the principles governing wakafs. One of the unique features of the common law system is the existence of a dual ownership of property. Ownership of property can be divided into the following: a legal interest and an equitable interest.