Estate Planning and Trusts

Estate Planning - Trusts • • • UK International / Cross-Border USA Englischsprachige Literatur Stand: Oktober 2007 Bettina Kube Telefon (089) 5 51 34-248 email b.kube@schweitzer-online.de Bitte beachten Sie: Erscheinungstermine, Preise und Wechselkurse können sich ändern! Die hier angegebenen Preise sind kalkuliert mit 1 ₤ = € 1,50, 1US$ = € 0,85 und inklusive MWSt. Grundsätzlich gilt: Wir fakturieren immer den Verlagspreis zum aktuellen Wechselkurs zuzüglich MWSt. UK Cases & Materials on Equity and Trusts Sixth Edition Gary Watt Price: £29.99 (Paperback) ISBN 978-0-19-920316-1 Publication date: 29 March 2007 618 pages This new edition contains extracts from a wide range of relevant and interesting case law, statutory material, academic writing and official proposals for law reform. In a subject that is heavily casebased, the content of Todd & Watt's Cases and Materials on Equity and Trusts provides a complete source of reference for students. Logically set out, the book is structured to correspond to a typical undergraduate course in equity and trusts, with materials linked by engaging commentary and stimulating questions with answers, as well as suggestions for further study. The sixth edition has been revised to include a new chapter dedicated to equitable doctrines and remedies. It has also been updated to include the Charities Act 2006, the Law Commission report on Trustee Exemption Clauses (2006) and consultation paper on Cohabitation (2006), and numerous new cases, including Re Farepak Foods (2006), Re Horley Town Football Club (2006), Barlow Clowes International Ltd. (In Liquidation) v. Eurotrust International Limited (2005), and Charter plc v City Index Ltd (2007) . This new edition is especially notable for the inclusion of extracts from recent scholarly articles by several of the world's leading academic thinkers on the law of trusts. Online Resource Centre Fully supported by an Online Resource Centre orientated towards consolidating students' understanding and providing a forum for self-assesment. Resources include regular updates to changes and developments in relevant cases, suggested answers to questions in the book, and links to key websites. Contents Part 1: Introduction to Equity and Trusts 1. Foundations of Equity and Trusts 2. Trusts in Context Part 2: Creation and Recognition of Trusts 3. Trusts Created Expressly 4. Constitution of Trusts: Effective Disposition of Benefit 5. Resulting Trusts: Ineffective Disposition of Benefit 6. Formality, Perpetuity, and Illegality: Trust Creation and Public Policy 7. Charity: Trust Creation and Public Policy II 8. Constructive Trusts and Informal Trusts of Land Part 3: The Regulation of Trusts 9. Variation of Trusts and the Flexibility of Benefit 10. The Fiduciary Duty 11. Fulfilling and Filling the Office of Trustee 12. Investment 13. Breach of Trust: The Personal Liability of Trustees Part 4: Trusts and Third Parties 14. Tracing and Recovering Trust Property 15. The Equitable Liability of Strangers to the Trust Part 5: Equity 16. Equity: Maxims, Doctrines, and Remedies * Useful in commonwealth jurisdictions - regularly cited in court * An unrivalled and well-established text for the specialist practitioner Contemporary Perspectives on Property, Equity and Trust Law Edited by Martin Dixon and Gerwyn Ll H Griffiths Price: £50.00 (hardback) ISBN 978-0-19-921984-1 Estimated publication date: November 2007 200 pages Incisive analysis of recent developments such as public benefit and charities, such as hospitals and schools; equality law; the regulation of trustees; landlords and tenants; and joint ownership of property Written by leading academics and practitioners in the field of trusts and equity Contains in depth and up to date commentary of recent legislation such as The Charities Act 2006 and The Disability Discrimination Act 2005 Covers a wide range of topics within land, property law and trust law, serving the needs of both practitioners and academics Discusses the major areas of debate within the area of trusts and equity in one concise, readable volume This work counters the common perception that equity and trusts is a static area of law. The essays, written by leading academics and well established practitioners of the field, demonstrate both that the area is vibrant with new legislation and case law and show the value of reconsidering familiar topics in the light of new developments. The scope of the book is wide ranging, covering equity, trusts and property and is divided into two main sections: the law of real property, and the law of equity and trusts. In Part One, a variety of topics surrounding the law of real property are discussed: from unconscionability, and the protection of third party interests, to property, marriage and ownership, and the impact of equality law on landlord and tenant regulations. Part Two focuses on the regulation of trusts and trustees and the impact of new legislation on charities such as hospitals and schools. Drafting Trusts and Will Trusts James Kessler ISBN 9780421955509 Edition: 8th Edition Publisher: Sweet & Maxwell Publication Date: 13/12/2006 £127.19 The definitive guide to drafting trusts Explains the issues in drafting trusts and will trusts, the choices that have to be made and the issues that concern the settler and testator Helps ensure practitioners can make the best tax planning judgements and prepare trust documents which precisely meet client requirements and reflect up-to-date trust and tax law Covers all the technical issues involved in drafting settlements, common mistakes and traps, which matters are essential and which may be safely omitted, to ensure you draft the most accurate, reliable and appropriate trust Updated to take into account the latest legislation including the Civil Partnership Act and Finance Act 2006 which has had profound implications on trust drafting Contains expert commentary on drafting plus guidance on the relevant law and tax issues Written in an easy-to-understand style enabling the less experienced drafter to understand the more complex issues Offers an extensive selection of precedents to suit a wide range of trust requirements Precedents are drafted in a straightforward and modern drafting style which avoids outdated and unnecessary complexities Includes precedents on a CD-ROM which saves re-keying and makes precedents available for immediate use Contents: FA 2006: The Raid on Trusts. First Principles. Style. Principles of Interpreting Trust Documents. Beneficiaries. Trustees. Trustees Powers. Trust Property. The Rule Against Perpetuities. General Provisions of a Trust. Drafting and Understanding Overriding Powers (Appointment, Re-settlement and Advancement). Exercising Overriding Powers. Settlor Exclusion and Default Clauses. Lifetime Interest in Possession Trusts. Discretionary Trusts. Provisions Inconsistent with IP and IHT Special Trusts. Will Trusts. Wills and Care Fee Planning. Administrative Provisions; Bare Trusts. Trusts of Life Insurance Policies. Charitable Trusts. Trusts of Damages. Trusts for Disabled Beneficiaries. Governing Constructive Trusts A J Oakley ISBN: 9780421876705 Edition: 4th Edition Publisher: Sweet & Maxwell Publication Date: NA £145.00 Now in its fourth edition, this well-respected and practical text provides the definitive guide to constructive trust law and practice. Arranged into the situations and areas in which constructive trusts can be imposed, the work deals with a topic which is becoming increasingly common. The work analyses major decisions, applying them to the principles of the law and the practice and procedure they affect. It has been regularly judicially cited in Australian, New Zealand and English courts. Easy to use, the contents are ordered by circumstances where constructive trusts can be imposed. The chapters are broken down into parts and headed sections for ease of navigation. New chapters have been added on Constructive Trusts and Taxation; Constructive Trusts and Limitation; and Constructive Trusts in the Conflict of Laws. All three principal chapters on the substantive law have been the subject of recent important English decisions. * Provides the definitive guide to constructive trust law and practice * Includes case-based analysis with extensive footnotes 2 Law, Place of Administration and Jurisdiction Clauses. Restricting Rights of Beneficiaries. Stamp Duty and SDLT. Exec. Appointment and Retirement of Trustees. Indemnities for Trustees. Precedents STEP Standard Provisions. Annotated Bibliography. Useful Websites. NRB debt and charge arrangements: tax analysis. Definitions of “disabled” for tax purposes Equity and the Law of Trusts Tenth Edition Philip H. Pettit Price: £32.99 (paper) ISBN 978-0-19-928534-1 Publication date: 29 September 2005 798 pages The tenth edition has been fully revised and updated to include new material on accessory liability, the duty to disclose information to beneficiaries, injunctions to restrain breach of confidence or privacy, undue influence, and resulting and constructive trusts and proprietary estoppel, including many cases involving the matrimonial or quasi-matrimonial home. 1. Introduction to Equity and Trusts 2. Understanding Trusts 3. Capacity and Formailty Requirements 4. Certainty Requirements 5. The Constitution of Trusts 6. Public Policy Limitations on the Formation of Trusts 7. Purpose Trusts 8. Charitable Trusts 9. Variation of Trusts 10. Trustee Appointments 11. The Nature of Trusteeship 12. Trustees' Duties 13. Maintenance & Advancement 14. Investment 15. Breach of Trust: Defences and Relief 16. Resulting and Constructive Trusts 17. Informal Trusts of Land 18. Tracing 19. The Equitable Liability of Strangers to the Trust 20. Equitable Doctrines and Remedies Hanbury & Martin: Modern Equity Jill Martin ISBN: 9780421798403 Edition: 17th Edition Publisher: Sweet & Maxwell Publication Date: 20/04/2005 £32.50 First published in 1935, Hanbury & Martin is recognised as the leading textbook on equity and trusts. Setting out the underlying principles which govern the law in this area, it is unparalleled in both breadth of coverage and wealth of detail. * Contains a critical commentary with full reference to materials from legal journals * Offers a wider range of coverage than other equity textbooks, in particular equitable remedies, and doctrines such as estoppel and undue influence * Details the latest reform proposals, in particular the recommendations as set down by the Law Commission * Includes coverage of the case law and legislative developments Equity and Trusts Michael Haley, Lara McMurtry ISBN: 9780421599208 Publisher: Sweet & Maxwell Publication Date: 01/09/2006 £24.95 * Provides students with a clear and current picture of the law of trusts and equity placing the subject in its modern context * Combines in depth commentary with critical analysis to give students more than just a guide to the law * Mirrors the structure of a traditional trusts and equity course for ease of use during studies * Contains practical illustrations to show how the law operates * Gives examples to aid understanding of the more complex and technical areas * Contains a glossary of key terms at the back of the work. Offers a short guide to further reading at the end of each chapter should students wish to study further Contents: 1: An introduction to Equity and Trusts 2: The Three Certainties 3: Constitution of Trusts 4: Formalities and the Perpetuity Rules 5: Mutual Wills and Secret Trusts 6: Non-charitable Purpose Trusts 7: Charitable Trusts 8: Cy-pres 9: Resulting Trusts 10: Constructive Trusts 11: Trusts of the Family Home 12: The Appointment, Retirement and Removal of Trustees 13: The Duties of a Trustee 14: Trustee's Powers 15: Variation of Trusts 16: Setting Trusts Aside 17: Breach of Trust 18: Injunctions 19: Specific Performance Law of Trusts David J Hayton ISBN: 9780421857605 Edition: 4th Edition Publisher: Sweet & Maxwell Publication Date: 18/09/2003 £17.95 This introductory text adopts a pragmatic approach focusing on basic principles of equity and trusts in the UK and other jurisdictions where relevant. The Law of Trusts provides an effective introduction prior to detailed study of the subject as well as being a valuable companion to the larger textbooks. This edition has been updated to include the Trustee Act 2000, Trustee Delegation Act 1999, Contracts (Right of Third Parties) Act 1999, Land Registration Act 2002 and Human Rights Act 1998; plus a wealth of new case law including Foskett v McKeown, Twinsectra v Yardley, Walker v Stones and Re Angora Trust. Equity and Trusts Directions First Edition Gary Watt Price: £26.99 (Paperback) ISBN 978-0-19-922737-2 Estimated publication date: February 2008 480 pages Equity and Trusts Directions is written in an informal, engaging and lively manner with an emphasis on explaining the key topics covered on equity and trusts courses with clarity. The text is aimed at engaging the reader's imagination through the use of diagrams, charts and references to extra-legal materials including news items and extracts from artistic, including literary, works. The substantive content of the text is designed to elucidate the relationship between equity, trusts, property, contract, and restitution to enable students to map out conceptual connections between related legal ideas. There is also a focus on modern cases in the commercial sphere to reflect the constantly changing and socially-significant role of trusts and equity. A number of learning features are used throughout the text encouraging students to engage with the subject-matter, test their knowledge and check their understanding of the law. These features include self-assessment questions and exercises, chapter summaries, diagrams, and guides to further reading. Recent developments include: Charities Act 2006; Law Commission work on Cohabitation & Trustee Exemption Clauses, 2006; Re Farepak Foods (2006); Re Horley Town Football Club (2006); Barlow Clowes International Ltd. v Eurotrust International Ltd (2006); Charter plc v City Index Ltd (2007); Stack v Dowden (HL, 2007). Contents Law of Trusts Edited by Geraint Thomas and Alastair Hudson Price: £250.00 (hardback) ISBN 978-0-19-829894-6 Publication date: 25 November 2004 2058 pages A significant and comprehensive reference work on the law of trusts offering a brand new perspective Provides unique and in-depth analysis on those forms of trust used in practice Provides a broader focus on practice matters which is often difficult to find in other existing reference texts Authoritative and well respected authors combining practical experience with significant scholarly knowledge A clear two part structure enables ease of navigation and access of information This is a major new reference work on the law of trusts, providing comprehensive coverage of both the general principles and the application of trust law in specific areas of legal practice. The book is helpfully split into two parts along these lines: Part One considers the general principles involved and includes coverage of: all aspects of express private trusts; the duties and powers of trustees; the variation of trusts; trusts implied by law; and breach of trusts. Part Two puts the general principles to work by covering key practice areas including: insolvency; private client trusts; international trusts; pension funds; financial transactions; commercial transactions; and trusts of land. This is a substantial work written by expert academics who also have experience of practice, supported by contributions from key specialists. Contents BOOK ONE: GENERAL PRINCIPLES PART 1: INTRODUCTION TO THE LAW OF TRUSTS 3 1. Introduction: The Scope of the Book 2. The Nature of the Trust PART 2: EXPRESS PRIVATE TRUSTS 3. The Creation of an Express Private Trust 4. The Constitution of an Express Private Trust 5. The Beneficiary Principle 6. The Interpretation of Trusts 7. Trusts with Unlawful Purposes 8. Trusts and Creditors 9. Nature of Beneficiaries' Rights and Interests Under, and Forms of, Express Private Trusts PART 3: THE DUTIES AND POWERS OF TRUSTEES 10. Appointment etc. of Trustees 11. The Duties of Trustees 12. Powers of Trustees PART 4: THE VARIATION OF TRUSTS 13. The Variation of Trusts PART 5: JUDICIAL REVIEW OF TRUSTEES' ACTIONS 14. Control of Express Trustees PART 6: TRUSTS IMPLIED BY LAW 15. Resulting Trusts 16. Constructive Trusts - Introductory 17. Constructive Trusts in Response to Unconscionable Behaviour 18. Constructive Trusts to Enforce Agreements 19. Constructive Trusts in Response to Abuse of Fiduciary Position 20. Intermeddlers with the Trust Construed to be Liable as Though Trustees 21. Secret Trusts 22. Equitable Proprietary Claims, Estoppel, Quasi-Trusts PART 7: BREACH OF TRUST 23. Trustees' Liability for Breach of Trust 24. Liability of Strangers to the Trust 25. Tracing at Common Law and in Equity BOOK TWO: SPECIFIC TRUSTS PART 8: PRIVATE CLIENT TRUSTS 26. Interest in Possession Trusts 27. Discretionary Trusts 28. Accumulation and Maintenance Trusts 29. Will Trusts PART 9: INSOLVENCY AND TRUSTS 30. Asset Protection Trusts 31. Quistclose Trusts 32. Retention of Title PART 10: INTERNATIONAL TRUSTS 33. International Recognition of Trusts 34. Conflict of Laws and Trusts 35. Jurisdiction and Enforcement of Foreign Judgments 36. Offshore Purpose Trusts PART 11: OCCUPATIONAL PENSION FUND TRUSTS 37. Structure of Occupational Pension Provision - Trust and Contract 38. Creation 39. Interests and Rights of Members and Beneficiaries in the Pension Fund 40. Duties and Powers of Pension Fund Trustees 41. Surpluses PART 12: TRUSTS IN FINANCIAL TRANSACTIONS 42. Introduction: The Use of Trusts in Financial Transactions 43. Trusts Used to Take Security in Financial Transactions 44. Trusts of Financial Instruments 45. Trustees in Relation to Debt Securities 46. Trustees in Collective Investment Schemes 47. Private Trusts for Investment Purposes 48. Trusts as Contracts in Financial Transactions PART 13: TRUSTS IMPLIED IN COMMERCIAL CONTEXTS 49. Fiduciary Liability in Commercial Situations 50. Trusts and the Termination of Contracts PART 14: TRUSTS OF LAND AND OF THE HOME 51. Trusts of the Family Home 52. Trusts of Land Law of Trusts and Equitable Obligations Fourth Edition Robert Pearce and John Stevens Price: £28.99 (paper) ISBN 978-0-19-928535-8 Publication date: 20 July 2006 915 pages The law of trusts is examined from a modern conceptual perspective and students are introduced to areas where trusts enjoy practical significance. This text remains accessible for students without sacrificing detailed critical comment and engages with cutting edge issues, particularly the relationship between the law of property and the law of restitution. Written in a lively and stimulating style and supported by a strong analytical framework, this book presents the law of trusts in a relevant and exciting manner. The fourth edition of The Law of Trusts and Equitable Obligations provides comprehensive coverage of the syllabi for the majority of degree level courses on the law of equity and trusts. It includes coverage of the Charities Bill 2005, the Civil Partnersip Act 2004, developments in the law surrounding constructive trusts, proprietory estoppel, and new cases relating to the right to access trust documents and challenge the excercise of the trustee's discretions. A new Online Resource Centre containing twice-yearly updates to the text, accompanies this book. Lewin on Trusts John Mowbray, Lynton Tucker, Nicholas Le Poidevin, Edwin Simpson, James Brightwell ISBN 9780421874206 Edition: 18th Edition Publisher: Sweet & Maxwell Publication Date: NA £295.00 Lewin provides the practitioner with the definitive text on the law and practice of trusts, and is frequently cited in court. It covers the definition, classification and creation of trusts, trustees, and beneficiaries. The work has been completely updated to take account of recent case law and legislation, and includes items such as: Twinsecrta v Yardley, which analyses Quistclose trusts and also defines what is meant by dishonesty in the context of liability for dishonest assistance in a breach of trust; T. Choithram International SA v. Pagarani, which discusses the requirements for the valid creation of a trust where the settlor fails to vest the trust assets in the intended trustees; and Tinsley v. Milligan on illegality. It also includes a discussion of the English rules of jurisdiction and service of proceedings outside England in trust disputes, and a treatment of the new CPR rule 48.4(2) and (3) which makes different provision for trustees' costs of litigation and of decisions on costs in trusts disputes. * Includes both in-depth analysis and the practical implications of trust law * Provides clear guidance on controversial and undecided questions * Covers all aspects of trusts law - from explanation, interpretation, and creation of trusts, to the role and duties of trustees, to beneficiaries and their interests and administration * Analyses major decisions and applies them to the principles of the law and the practice and procedure they affect Law of Trusts Fifth Edition J. E. Penner Price: £19.99 (paper) ISBN 978-0-19-928843-4 Publication date: 31 August 2006 478 pages The law of trusts is undeniably difficult. Almost every topic is complicated by demanding intellectual problems, and academics and judges alike disagree about possible solutions. A book which claims to make trusts easy is, in the words of the author, 'a book for fools or the gullible.' What this text aims to do is make the law of trusts possible, explaining from first principles what trusts is about and providing the student with an understanding not only of the law, but of the important academic controversies surrounding it. Lists of 'must read' cases, included at the end of each chapter, encourage the student to seek out the meaning of trust law for him or herself by studying the judgments on which the body of rules has been built. This fifth edition has been fully updated to take account the latest developments in the law. Written in an easy, narrative style with helpful advice on how best to tackle the subject, The Law of Trusts makes sense of what can be a daunting field. It will be welcomed by anyone wishing to gain a clear understanding of this area of law, and will be of invaluable assistance for students writing term essays and preparing for exams. Contents 1. Historical Origins of the Trust 2. Property, Obligations and Trusts 3. Express Trusts 4. Resulting Trusts 5. Constructive Trusts 6. Formalities and Secret Trusts 7. Certainty 8. Constitution of Trusts 9. Trusts and Purposes 10. The Trust Up and Running 11. Breach of Trust 12. The Law Governing Fiduciaries 13. Charitable Trusts Parker and Mellows: The Modern Law of Trusts A J Oakley ISBN 9780421781801 Edition: 8th Edition Publisher: Sweet & Maxwell Publication Date: 25/09/2003 £32.00 This classic text sets out the underlying principles which govern this area of law and explores in a very practical fashion the administration of trusts. This new edition incorporates all the new trusts legislation such as the Trustee Act 2000, along with a wealth of new case law including Twinsectra v Yardley. The chapters on Pensions Trusts and Trusts in the Conflict of Laws have been expanded. All the remaining chapters have been re-formulated and brought fully upto-date. A J Oakley draws on a wealth of experience in both teaching and practice to provide the reader with a thoroughly updated and accessible guide to the law and the overall function of trusts. This 4 new and updated edition incorporating recent case law and major legislative changes will be welcomed by teachers and students at undergraduate level, vocational students and practitioners. Contents: The classification of trusts. The essential ingredients of a trust. The formal requirements for the creation of a trust. The constitution of a trust. Discretionary trusts and powers. Legality of a trust. Protective trusts. Implied or resulting trusts. Constructive trusts. Charitable trusts. Pension trusts. The appointment, retirement and removal of trustees. The administration of trusts. The taxation of a trust. Apportionment. Income from the trust fund. Applications of trust capital. The position of a beneficiary under a trust. Trustees' remuneration and benefits. Variation of trusts. Breach of trust. Trusts in the conflict of laws. Exporting trusts. Rationalizing Property, Equity and Trusts Essays in Honour of Edward Burn, Edited by Joshua Getzler Price: £37.00 (Hardback) ISBN 978-0-406-96440-3 Publication date: 28 October 2003 382 pages Contents 1. Trusts: The Inessentials , Tony Honoré 2. Usucapio and the Law of Trusts , Jeffrey Hackney 3. Formality and Informality in Property and Contract , John Cartwright 4. The Motive, Not the Deed , Lionel Smith 5. Restitution Through the Looking Glass: Restitution Within Equity and Equity Within Restitution , Graham Virgo 6. Professional Liability in the Will-Making Process , Sir Christopher Slade 7. Form and Substance , Lord Templeman 8. Tackling Avoidance , Ben McFarlane and Edwin Simpson 9. Registered Land - A Law Unto Itself? , Charles Harpum 10. The Rhetoric of Realty , Kevin Gray and Susan Francis Gray 11. Roman and English Prescription for Incorporeal Property , Joshua Getzler 12. Reading Roman Law with Edward Burn , Ann Smart Practical Trust Precedents Withers LLP Loose-leaf: ISBN 9780851211831 ₤ 356,00 Multi-user fee per 5 Users: ISBN: 9780421861909 ₤ 152,75 Publisher: Sweet & Maxwell A prime requirement in creating an effective trust is to ensure that it meets the needs of the parties involved, within today's legal requirements, and affords the fullest possible protection against outside predators, not least the tax man. Practical Trust Precedents contains all the material needed to create airtight trusts with allowances for flexibility to meet changing needs. It provides complete documents, alternative and additional clauses, ancillary documents, and documents for special situations - all backed by expert commentary. Four core precedents are included for the major types of trust: accumulation and maintenance trust; non-interest in possession (or discretionary) trust; interest in possession trust; insurance trusts; public trusts, primarily charitable. The work will enable trusts to be drafted which: * Serve the required purpose * Allow flexibility so that changes and enhancements can be made * Meet today's legal requirements * Offer the necessary protection against the rigours of taxation * The full text of the precedents is now also available on disk in Word format to enable speedy drafting of documents without the need to re-key Snell's Equity Mainwork & Supplement ISBN: 9780421948006 Edition: 31st Edition Publisher: Sweet & Maxwell Publication Date: 27/11/2006 £350.00 Acknowledged as the leading authority on equity, Snell deals with equitable principles and remedies, together with their application in trusts, probate and mortgages. Containing the most comprehensive coverage in this area, and frequently cited in court, it offers expert interpretation of the rules of equity and how they can be applied in different situations. * Renowned for its clear discussion of how the complex rules of equity apply in practice * Analyses the five ancient equitable doctrines of conversion, reconversion, election, performance and satisfaction * Shows how they can be applied to solve clients' problems * Examines recent developments, including the Trustee Act 2000 and important case law such as Twinsectra v. Yardley and Royal Bank of Scotland v. Etridge * Includes new chapters on fiduciaries and on monetary claims and a completely restructured section on constructive and resulting trusts Ranking Spicer and Pegler: Executorship Law, Trusts and Accounts 25th edition £80.00 GBP ISBN/ISSN 9780406958877 Publication Date November 2005 Format Paperback This long-awaited and comprehensively rewritten new edition deals specifically with the law and accounts when executing a will as well as all related taxation & trust matters. Written in a practical and useful style, it contains clearly defined sections for law and accounts and is completely revised with new sections on Accounts, the taxation of executors and trustees, and includes 11 appendices and worked accounts. Contents: Executorship law 1. Wills 2. Intestacy 3. Family Provision 4. Executors & Administrators 5. Grants of Probate and Administration 6. Administration of estates (1): Getting in assets 7. Administration of estates (2): Assets not part of general estate 8. Administration of estates (3): Debts and Expenses 9. Administration of estates (4): Distribution 10. Administration of estates (5): Litigation 11. Estates with a foreign element Trust Law 12. Testamentary Trusts 13. Trustees 14. Beneficiaries 15. Administration of trusts Taxation of executors and trustees 16. Deceased's personal tax liability 17. Taxation on death 18. Postdeath rearrangements 19. Taxation during administration of an estate 20. Taxation during administration of a trust Accounts 21. The Revenue Account 22. Estate Accounts 23. Trust Accounts Appendices 1. Will and Codicil e.g. 1 2. Will and Codicil e.g. 2 3. Next of Kin on intestacy 4. IHT 200, IHT 201, IHT 202 5. Oath for probate e.g. 1, e.g. 2, Oath for administration 6. Grant of Probate, Grant of administration 7. Accounting Recommendations 8. Estate accountant (e.g.1) 9. Estate accounts (e.g.2) 10. Trust accounts (e.g.1) 11. Trust accounts (e.g.2) Tax Tutor - Trusts and Estates CD-ROM Single User - First Module : £188.00 GBP Single User - Additional Module : £123.37 GBP Product Code TTTE Publication Date October 2003 Format CD-ROM Tax Tutor is a CD-Rom set, or online service that provides interactive audiovisual lectures in a format that makes learning fast, fun and convenient. With Tax Tutor, wherever there is a computer, you can have your own personal tax tutor with you. Tax Tutor is suitable for virtually anybody involved in tax; students, practitioners, corporate tax professionals or lawyers needing to understand tax. Updated after each Finance Act, Tax Tutor can be used to claim CPE/CPD points and print off a bespoke certificate for each module. Textbook on Succession Second Edition Andrew Borkowski Price: £29.99 (Paperback) ISBN 978-1-84174-221-2 Publication date: 7 March 2002 432 pages Comprehensive coverage of the subject - the book will serve as the single core text for any succession law course Generous treatment of the cases - students will not need a separate casebook Up-to-date treatment of the latest developments, both statutory and case law. This edition places greater emphasis on family provisions and the Human Rights Act 1998 5 Key cases such as Jennings v Rice [2001] WTLR 871, Chana c Chana [2001] WTLR 205 and Ewing v Bennett [2001]WTLR 249 are all examined closely in this new edition The law of succession is of fundamental interest to us all. When someone dies their property is distributed in accordance with their will or the rules of intestacy - the cornerstone of the law of succession. The interplay between the wishes of testators and the expectations of family and friends produces a subject of compelling human interest. Textbook on Succession will provide students with a lucid and readable exposition of the subject, dispelling the notion of succession as a "dry" subject. Central issues such as the limits of testamentary freedom and the rights of spouses and children on intestacy are discussed in detail. Considerable attention is also given to the rich case law with clear and full commentary provided on each case discussed. New cases include, Ewing v Bennett [2001] WTLR 249 on execution of will and the problems of illnesses such as dementia, Re Dabbs [2001] WTLR 527 on the validity of a will, d'Eye v Avery [2001] WTLR 227 on the intention to make a will and Chana v Chana [2001] WTLR 205 on soundness of mind and alcoholism. The text covers all the major areas of this subject, including the administration of estates and will be essential reading for all students studying wills, intestacy and succession on law degrees or vocational courses. Contents 1. Intestacy 2. Wills: Nature, Characteristics and Contents 3. Making A Will: Capacity and Intention 4. Making A Will: Formalities 5. Revocation 6. Construction of Wills 7. Entitlement 8. Family Provision and Testamentary Freedom 9. Alternative Succession 10. Administration Considers all aspects of estate planning, showing you how to formulate strategies for the provision, holding and devolution of personal and family resources. The book is packed with practical planning suggestions. The style is straightforward and easy to read with clear headings. Contents: What is Estate Planning?; Lifetime Planning; Introduction to Trust Law; Creating Settlements; Existing Settlements; Offshore Trusts; Insurance; Pensions; The Family Home; The Family Business; The Family Farm; Woodlands; Gifts to Charities, etc; National Heritage Property; Matrimonial Breakdown; Planning for Death; Post-Death Estate Planning; Investing Abroad; Immigration and Emigration; The Foreign Client; Lifetime Planning - A Case Study; Tables; Index. Trust Taxation Emma Chamberlain, Chris Whitehouse ISBN: 9780421965300 Series: Planning After the Finance Act 2006 Publisher: Sweet & Maxwell Publication Date: 31/12/2006 £110.00 What is trust, types of trust; residence and domicile; overview of taxation of trusts; income tax; CGT definitions; CGT on creation of a settlement; actual and deemed disposals by trustees; CGT on the disposal of a beneficial interest; CGT hold-over relief; offshore trusts;’ settler-interested trusts; loss relief provisions; IHT and reservation of benefit introduction; the new IHT rules overview; IHT definitions and classifications; creation of settlements, GWR and POA; IHT treatment of qualifying IIP trusts; when IHT is charged on IIP trusts; immediate post-death interests and other qualifying interests in possession after FA 2006; taxation of relevant property settlements; A&M trusts; excluded property settlements – the foreign dimension; liabilities; reservation of benefit and POA; trusts for minors and older children; trusts for vulnerable beneficiaries; revertor to settler trusts; wills; deeds of variation; bare trusts; trusts and houses; business and agriculture property; life policies and other life Todd & Wilson's Textbook on Trusts Eighth Edition Sarah Wilson Price: £26.99 (Paperback) ISBN 978-0-19-920326-0 Publication date: 29 March 2007 528 pages This book focuses on the key themes of an undergraduate course in equity and trusts, and has been thoroughly updated and revised to enhance accessibility. Complex issues are explained clearly but without over-simplifciation, and students are encouraged to engage critically with the material through real-life issues, key scholarship, and consideration of current theoretical perspectives. New material on remedies and the nature and classification of trusts has been included to reflect the increasing prominence of these areas on undergraduate degree courses. Chapters on charity, co-ownership, and trusteeship have also been significantly reworked to incorporate their extensive development or reorientation on account of legislative change, proposals for reform, and broader policy movements. Online Resource Centre The Online Resource Centre provides updates, web links, essay questions and answer guidance, and summaries of selected further reading. Contents 1. Law and equity and an introduction to the trust 2. The nature of the trust: its operation and applications in society and economy 3. Constitution of trusts and covenants to settle 4. The three certainties and the significance of the 'beneficiary principle' 5. Formalities and other requirements for validity 6. Perpetuities 7. Introduction to resulting and constructive trusts 8. Resulting trusts, gifts to non-charitable unincorporated associations and pension funds 9. Beneficial interests in the family home: a case study 10. Secret and half-secret trusts (and constructive and resulting Trusts) 11. Equitable fraud and the constructive trust 12. An introduction to charity 13. The legal definition of charity 14. Cy près 15. The office of trustee: commencement and termination 16. Powers, discretions and duties of trustees 17. Variation of trusts 18. Breach of trust 19. Remedies Trusts: A Modern Analysis Robert Chambers Price: £19.99 (Paperback) ISBN 978-0-19-927259-4 Estimated publication date: March 2008 256 pages This book provides law students with a clearly written and accessible introduction to the law of trusts and its place in modern private law. This fascinating subject has produced a vocabulary and legal structure that are not to be found elsewhere. Yet the law of trusts continues to evolve to meet modern challenges in many different areas of law, including commercial law, pension funds, and restitution. Mastery of the subject requires both an understanding of very old legal concepts and an ability to apply them to modern legal problems, and this book is designed to help the reader do both. With plain language and a relaxed style, Robert Chambers explains the key concepts and essential structure of trust law and helpfully compares them to other areas of the law. The book is divided into four main parts: the trust relationship, the creation of trusts by consent and by operation of law, and breach of trust. In each part, traditional trust concepts are explained in modern terms, providing a deeper understanding of the traditional concepts and an ability to relate them to similar concepts used in other areas of law, such as contracts, torts, and unjust enrichment. Contents THE TRUST RELATIONSHIP 1. The Trust Relationship 2. Beginning, Changing or Ending the Relationship 3. Trustees TRUSTS CREATED BY CONSENT 4. Intention 5. Subject and Object 6. Purposes TRUSTS CREATED BY OPERATION OF LAW 7. Wrongs 8. Unjust Enrichment 9. Other Events BREACH OF TRUST 10. Breach of Trust 11. Liability of Trustees 12. Liability of Others Tolley's Estate Planning 2007-08 (Part of the new Tolley's Tax Planning Series) £105.00 GBP ISBN/ISSN 9780754532996 Proposed Publication Date November 2007 Format Paperback Trusts and Equity Second Edition Gary Watt 6 Price: £27.99 (paper) ISBN 978-0-19-928532-7 Publication date: 2 March 2006 559 pages This stimulating textbook has been designed to provide students with a clear step-by-step guide to the typical subject matter of an undergraduate course on trusts and equity. A number of critical perspectives, such as the tension between property and obligations approaches to the trust, are maintained throughout to give overall theoretical coherence to the work. It is intended that by reading the introduction to each chapter in turn the student will appreciate the scope and boundaries of the subject and see connections between chapters even before he or she has engaged with the detailed content. The major focus of the book is upon the law of trusts. Equitable principles, doctrines, and remedies are introduced in the first chapter of the book and analysed throughout with reference to practical examples involving trusts. This text seeks to give appropriate emphasis to modern trusts in commercial contexts, and contemporary developments in the areas of investment and breach of trust. Online Resource Centre A companion web site provides additional support for both students and lecturers with the following resources: Student resources: - updates- web links- problem scenarios, essay questions, and general answer guidance Lecturer resources (password protected): - lecture course outlines- problem scenarios, essay questions, and in-depth answer guidance Contents Part I Introduction to Trusts and Equity 1. Foundations 2. Trusts in Context Part II Creation and Recognition of Trusts 3. Trusts Created Expressly 4. Effective Disposition of Benefit: Constitution of Trusts 5. Ineffective Disposition of Benefit: Resulting Trusts 6. Trust Creation and Public Policy I: Formality and Perpetuity 7. Trust Creation and Public Policy II: Illegality and Charity 8. Constructive Trusts and Informal Trusts of Land Part III The Regulation of Trusts 9. Flexibility of Benefit 10. The Fiduciary Duty 11. Fulfilling and Filling the Office of Trustee 12. Investment 13. Breach of Trust: The Personal Liability of Trustees Part IV Trusts and Third Parties 14. Tracing and Recovering Trust Property 15. The Equitable Liability of Strangers to the Trust details of major cases discussed in the text, questions and guide answers, updates and web links to related sites. Contents 1. Introduction to Equity and Trusts 2. Understanding Trusts 3. Capacity and Formality Requirements 4. Certainty Requirements 5. The Constitution of Trusts 6. Public Policy Limitations on the Formation of Trusts 7. Purpose Trusts 8. Charitable Trusts 9. Variation of Trusts 10. Trustee Appointments 11. The Nature of Trusteeship 12. Trustees' Duties 13. Maintenance and Advancement 14. Investment 15. Breach of Trust: Defences and Relief 16. Resulting and Constructive Trusts 17. Informal Trusts of Land 18. Tracing 19. The Equitable Liability of Strangers to the Trust International / Cross-Border Drafting Cayman Islands Trusts James Kessler, Tony Pursall November 2006, ISBN 9789041124883 Hardcover , 496 pp. Euro price: € 210,00 The Cayman Islands is one of the world s leading jurisdictions for the establishment of offshore trusts. However, it is not easy for a practitioner to approach the drafting of a Cayman Islands trust instrument with confidence. This eminently practical book solves that problem to near perfection. Arranged as a collection of precedents, with each provision of every precedent explained in detail, Drafting Cayman Islands Trusts, could hardly make the drafting process easier. The drafter learns the advantages and potential pitfalls associated with each provision as he or she prepares to draft it. The authors provide specific language, although individual variations (based on the authors' expert guidance) are encouraged. The precedents covered including the following:  Discretionary trusts (with and without protectors)  Interest in possession trust  Reserved powers trust  Charitable trust  STAR trusts  Appointments and retirements of trustees For additional convenience, the precedents are also provided in Word format on a CD-ROM that comes with the book. The detailed annotation answers such key questions as the following:  Are hostile beneficiaries clauses valid?  Do automatic flee clauses work?  What powers can a settlor reserve?  How can STAR trusts be used to protect trustees holding high-risk assets?  Would STAR trusts be recognised in other jurisdictions?  How can one restrict a beneficiary's right to information and trust documents?  Can the appointment of a foreign trustee discharge a retiring Cayman trustee?  What indemnities should retiring trustees request from successors? As a systematic approach to drafting Cayman Islands trusts, this book will be of immeasurable day-to-day value to practitioners and administrators alike. Trusts Textbook Second Edition Gary Watt Price: £26.99 (Paperback) ISBN 978-0-19-928444-3 Publication date: 2 March 2006 496 pages Trusts Textbook is an accessible text that sets out in clear and comprehensive terms the essential content of undergraduate degree courses in trusts. The nature and history of equity is also considered in detail and equitable remedies are discussed throughout the context of trusts law. The text elucidates the relationship between trusts, property, contract and restitution to enable students to map out conceptual connections between competing legal ideas. There is also a focus on modern cases in the commercial sphere to reflect the constantly changing and socially-significant role of trusts and equity. A number of features are used throughout the book to enable the students to work interactively with the text, allowing them to test their knowledge and check their understanding of the law. These features include selfassessment questions and exercises, chapter summaries, diagrams and guides to further reading. A glossary of key terms is also included. This new edition has been fully revised and updated to incorporate all major developments since the last edition, including the Charities Bill 2004, the Civil Partnerships Bill 2004, Inland Revenue proposals for the reform of trusts taxation (2004) and Law Commission proposals on the apportionment of capital and income (2004) and the forfeiture rule (2003). Also new to this edition are around thirty new cases on subjects as diverse as mortgage fraud, money laundering, tax avoidance, defrauding trade creditors, solicitors acting in conflict of interest and disputes over domestic property. Online Resource Centre The text is supported by a companion web site containing further Drafting Trusts and Will Trusts in the Channel Islands James Kessler, Paul Matthams ISBN: 9780421957107 Publisher: Sweet & Maxwell Publication Date: 08/12/2006 £167.89 Discusses the principles of Jersey and Guernsey trust law, enabling practitioners to interpret and understand existing trust settlements and to draft new ones with confidence. Highlights the differences between Jersey and Guernsey trust law Enables you to understand the law and to draft safe, accurate trusts, according to the law in either jurisdiction Advises on the best trust to use in each situation and provides solutions to drafting problems Highlights common mistakes and traps Covers both lifetime trusts and will trusts Cites Jersey and Guernsey case law, both reported and unreported 7 Offers a clear, easy-to-understand style, free of technical jargon Contains precedents which are also provided on CD-ROM for quicker drafting Written by two highly regarded trust practitioners, so you know you can rely on the advice given Contents: Trusts in Jersey and Guernsey – An Introduction. Style. Principles of Interpreting Trust Documents. Beneficiaries. Trustees. Trustees’ Powers. Trust Property. Duration of the Trust. General Provisions of a Trust. Drafting and Understanding Overriding Powers. Appointment, Re-Settlement and Advancement). Exercising Overriding Powers. Settlor Exclusion Clause and Default Clause. Discretionary Trusts. Interest in Possession Trusts. Administrative Provisions. Will Trusts. Charitable Trusts. Non-Charitable Purpose Trusts. Proper Law, Place of Administration and Jurisdiction Clauses. Restricting Rights of Beneficiaries. Execution of Wills and Trusts Instruments. Appointment and Retirement of Trustees. Indemnities for Executors and Trustees. Precedents: Discretionary Trust. Interest in Possession Trust for Settlor. Precedents for Administrative Provisions. Discretionary Will Trust for Non Jersey/Guernsey Domiciled Testator. Charitable Trust. Administrative Provisions for a Charitable Trust. Precedents for Supplemental Documents and terminology used in different parts of the world, authors may adapt the structure of their texts to the specific and concrete aspects of their own systems. In addition to national monographs, this work will also focus on international treaties and conventions related to property and trust law. For each country covered the work provides the following: List of Abbreviations - General Introduction - Selected Bibliography Part I. Immovable Property and Real Property 1. General Classification 2. Legal Interests 3. Equitable Interests 4. Limited Interests 5. Security Interests 6. Joint Ownership 7. Neighbourhood and Urban Problems 8. Agrarian Problems Part II. Movable Property and Personal Property/Chattels 1. General Classification 2. Legal Interests 3. Equitable Interests 4. Security Interests Part III. Acquisition of Property Rights 1. Transfer of Property by Contract Inter vivos 2. Transfer of Property by Death 3. Possession 4. Accession 5. Appropriation 6. Expropriation 7. Insolvency Part IV. Trust and Fiduciary Mechanisms 1. Administration of Property 2. Security Part V. Security 1. Securities in Immovable Property 2. Securities in Movable Property. Index Table of contents FRONT MATTER: International Advisory Board. Encyclopaedias and Editors. Introducing the International Encyclopaedia of Laws. Curriculum Vitae of the General Editor. GENERAL SECTION: List of Contributors. Introducing the International Encyclopaedia of Property and Trust Law. Curriculum Vitae of the Editor. NATIONAL MONOGRAPHS: Australia, by Dr. S.J. Hepburn. The Philippines, by Marciano Galera Delson. Singapore, by Prof. Sook Yee Tan and Hans Tjio. South Africa, Parts I and II, by Prof.Dr. C.G. van der Merwe, Prof.Dr. D.L. Carey Miller, and Prof.Dr. M.J. De Waal. The Hague Trusts Convention Scope, Application and Preliminary Issues Jonathan Harris Hart Publishing May 2002 £86.00 544 pages Hardback ISBN 1-84113-110-5 / 9781841131108 Trusts cross borders. When they do, real difficulties may arise. Will the understanding of what a trust is be different in a foreign state? Will the rights, powers and duties of the trustee and settlor be the same? What rights will the beneficiary be able to assert? To what extent will the trust assets be safe from the claims of creditors, forced heirs, or third parties? Which legal system will be applied to the trust? Within what limits? What if the trust needs to be recognised in a state which does not have the institution of the trust in its domestic law? The Hague Trusts Convention, enacted into English law by the Recognition of Trusts Act 1987, seeks to ameliorate the situation by providing harmonised choice of law rules for “trusts created voluntarily and evidenced in writing.” It also provides for the recognition of trusts in Contracting States. Those Contracting States should recognise the trust, even if they do not have the institution in their domestic law. This book is the first published in England to devote itself to a detailed analysis of the Convention. It is aimed at academics and practitioners; at private international lawyers and at trust lawyers. Frequent reference is made to the position in civil law states (especially in the Contracting States of Italy and the Netherlands) and in other trust states, both offshore and onshore. The Hague Trusts Convention deals with the operation of the trust itself. It does not deal with the preliminary steps needed to create a trust. These preliminary matters raise highly complex and uncharted choice of law issues. Detailed discussion of these matters is also provided, and appropriate solutions suggested. International Estate Planning, Second Edition Henry Christensen, III $246.00 Matthew Bender 1 volume, looseleaf; updated annually ISBN 0820514829 Designed for estate planning specialists and financial planners, International Estate Planning covers U.S. legal issues affecting estates, such as taxation, conflict of laws, community property and asset protection trusts. This publication also provides analysis of selected countries chosen for their importance as potential sites for establishment of trusts or other investment vehicles (e.g., Bermuda and Liechtenstein), and as possible residences for U.S. nationals for business purposes. Each chapter is written by an expert in that country. U.S. estate, gift and income taxation of nonresident aliens. U.S. citizens with alien spouses - Qualified Domestic Trusts (QDOTs) U.S. income taxation of foreign trusts. Separate chapters on U.S. tax treatment of foreign executives temporarily posted in the United States and of U.S. executives temporarily posted abroad. Conflict of laws rules used to determine which country's descent laws and taxes apply to specific dispositions of property. Use of trusts to safeguard assets. Will drafting for multiple jurisdictions, with suggested forms. Effect of treaties on estate planning International Encyclopaedia of Laws: Property and Trust Law Alain Verbeke April 2000, ISBN 9789041107596 Looseleaf Purchasers of this looseleaf are enrolled in an automatic supplement program. Subscription price including last published supplement: Euro price: € 375,00 International Encyclopaedia of Laws: Property and Trust Law The Property and Trust Law volume of the International Encyclopaedia of Laws series deals with the diversity of rights and interests in all kinds of property and assets. Because property law has developed along completely different lines in the diverse legal families, this practical country-by-country analysis and guide takes a functional approach to the subject matter. The perception that legal solutions, concepts, terms and mechanisms vary, and may even seem at some points to be diametrically opposed, should not conceal the fact that such solutions are often functionally equivalent, in spite of their technical or conceptual differences. This work primarily contains national monographs, based on a standard outline. Due to the tremendous differences in concepts International Income Tax and Estate Planning, 2d William H. Newton, III Book - hardbound $394.00 Clark Boardman Callaghan 2 Print July, 2007 Update Frequency: Annually A practical and client-oriented approach to avoiding the traps created by the worldwide scope of many investment and business dealings. Provides in-depth coverage of international tax planning and beyond to the fields of conflicts of laws, estate planning, trusts, probate, and estate administration. An invaluable aid to international estate planners unfamiliar with international aspects of planning, to experienced international estate planners, and to others practicing in the international tax planning area. Contents: International Taxation—Planning, Jurisdiction, and Professional Practice. Conflict of Laws in International Income Tax and Estate 8 Planning. Federal Taxation of United States Citizens, Residents, or Domiciliaries in Foreign Jurisdictions. Federal Taxation of Nonresidents and Nondomiciliaries. Tax Treaties. Trusts. Generation-Skipping Transfer Tax. Partnerships. Corporations Disposition of Assets in International Income Tax and Estate Planning. Probate and Administration. Appendices: Returns, Forms, Instructions, and Publications. United States Tax Treaty Tables. Exchange of Information Agreements. Treaty Texts. Sample International Estate Planning Trust and Will Provisions International Income Tax and Estate Planning International Trust Laws & Analysis Walter H. Diamond, John E. Sullivan III June 2001, ISBN 9789041198303 Looseleaf Purchasers of this looseleaf are enrolled in an automatic supplement program. Subscription price including last published supplement: Euro price: € 875,00 In this era of global expansion, the establishment of trusts in overseas locations is becoming an increasingly popular investment option. With a bewildering variety of offshore jurisdictions to choose from, sound advice as to the advantages and pitfalls of investing in each location is essential. International Trust Laws and Analysis provides all the legal, tax, and estate-planning intelligence necessary for professional advisers to recommend offshore jurisdictions to their clients--as well as the tools to establish and operate trusts in compliance with all applicable rules and regulations. The full text of the trust laws of 60 countries is included with clear, concise comparison charts aimed at reducing research time. The 29 vital elements of each jurisdiction's laws are analyzed in detail. This major reference work is a one-stop guide to the formation of offshore trusts. The work is kept up-to-date by regular supplements, which track the key changes and developments in foreign trust laws and practices. Professional consultants involved in trust establishment, including bankers, independent lawyers or in-house counsel, tax consultants, accountants, public relations advisers, and actuaries, will find International Trust Laws and Analysis an invaluable, efficient, and reliable source of practical reference and information. Table of contents How to create a trust. Registration forms when required. Foreign Trust Law. Comparison Chart. Glossary of Terms. Full Text and Explanation of Foreign Trust Laws: Andorra. Anguilla. Antigua and Barbuda. Aruba. Australia. Austria. Bahamas. Barbados. Belize. Bermuda. British Virgin Islands. Brunei. Cayman Islands. Cook Islands. Costa Rica. Cyprus. Gibraltar. Grenada. Guernsey. Hague Convention on Trusts (includes Netherlands, Portugal, Italy, France, Belgium, Spain, Luxembourg, etc.). Hong Kong. Ireland. Isle of Man. Jersey. Labuan. Liechtenstein. Madeira. Malaysia. Malta. Marshall Islands. Mauritius. Monaco. Montserrat. Nauru. Netherlands Antilles. Nevis. New Zealand. Niue. Panama. Prince Edward Island. Russia. St Kitts. St Lucia. St Vincent. Samoa. Seychelles. Singapore. Switzerland. Turks and Caicos. United Kingdom. United States (Alaska, California, Colorado, Delaware, Montana, Nevada, New York, Rhode Island). Vanuatu. Point-by-point analysis covering the 29 vital elements of each country's law: Legislative Background. Formation. Exempt Tax Status. Minimum Assets. Residency Requirement. Registration. Revocable or Irrevocable. Void or Voidable. Settlor as Beneficiary. Perpetuity Period. Wait and See Provision. Accumulations. Beneficiaries. Trustees and Trustee Companies. Enforcers. Protectors. Confidentiality Rules. Financial Disclosure. Redomiciliation. Government and Private Fees. Exchange Control. Tax Treaties. Restrictions. Asset Protection. Fraudulent Dispositions. Time Limit to Bring Suit. Foreign Court Awards. Forced Heirship. Other Types of Trusts. Government Control requirements and offer maximum protection from unwanted predators. International Trust Precedents provides a complete library of documents, with clear supporting commentary, to create effective trusts in key overseas jurisdictions. Not only is it possible to compare different countries to see which jurisdictions are most suitable, but there is also the necessary back-up information on relevant trust law, company law, taxation and administration. In addition, the work considers the UK implications of using offshore jurisdictions, deals with the possibility of establishing and transferring UK trusts overseas, and examines the position of offshore trustees. * Complete precedents written in a clear and easy-to-follow style and backed up by expert commentary * Looks at the relevant company and trust law of each jurisdiction * Explains how the use of overseas trusts can aid international business planning * Explains the position of offshore trustees * The full text of the precedents is now also available on disk in Word format to enable speedy drafting of documents without the need to rekey Legal Aspects of Offshore Financial Law Confidentiality in Offshore Financial Law & Trusts and Related Tax Issues in Offshore Financial Law Rose-Marie Antoine Price: £270.00 (Pack) ISBN 978-0-19-927080-4 Publication date: 14 April 2005 560 pages Two volumes dedicated to the legal aspects of offshore financial law, together combining detailed examination of both the statutory origins and expanding case law in this area Available at the special pack price of £250 Confidentiality in Offshore Financial Law and Trusts and Related Tax Issues in Offshore Financial Law are now available together as a two-volume set. Each title provides detailed analysis of the law and practice relating to offshore finance, including money laundering issues, tax planning, asset protection, and the creation and management of trusts. They are valuable research tools for the practitioner and academic alike. Contents CONFIDENTIALITY IN OFFSHORE FINANCIAL LAW Part I - Locating Confidentiality in Offshore Finance 1. The Nature of the Offshore Financial Centre 2. The Parameters of Offshore Confidentiality and its Justification 3. Taxation and Confidentiality Part II - Disclosure Initiatives and the Erosion of Offshore Confidentiality 4. Guiding Principles and Developments Towards Disclosure 5. Legislative and Treaty Approaches to International Legal Assistance 6. Money Laundering and Serious Crime 7. Impact of Restraint Orders on Confidentiality 8. Constitutional Protection of Privacy in Offshore Regimes: Challenges and Dilemmas 9. The Privilege Against Self-Incrimination in Offshore Jurisprudence 10. The Comity Principle and Confidentiality 11. The OECD's Challenge to Offshore Confidentiality 12. Conclusion: Challenges and Prospects TRUSTS AND RELATED TAX ISSUES IN OFFSHORE FINANCIAL LAW Part I - Fundamentals of the Offshore Trust 1. Introduction - The Place of the Offshore Trust in the Offshore Financial Centre 2. Anatomy and Functions of the Offshore Trust 3. Special Trust Vehicles 4. The Role and Powers of the Offshore Protector 5. Questions of Legitimacy and the Offshore Trust 6. Acceptance of the Offshore Trust Part II - Challenges to the Offshore Trust and Common Pitfalls to Avoid 7. Disclosure and Confidentiality Obligations 8. The Offshore Trust as a Sham 9. The Law on Fraudulent Conveyances and the Offshore Trust 10. Duties of Trustees in Managing Offshore Trusts 11. Liability of Third Parties to the Trust 12. Liability of Directors of Offshore Corporate Trustees Part III - The Offshore Tax Function 13. Responses to the Tax Function of Offshore Trusts 14. Overview of Statutory Tax Countermeasures against Offshore Trusts 15. Judicial Engineering of the Tax Function of Offshore Trusts 16. Bilateral Routes to the Tax Function and the Question of Sovereignty 17. Duties of Offshore Trustees in Relation to Tax Part IV - The Conflict of Laws and the Offshore Trust 18. Transplanting the Common Law Trust- Conflict of Laws and the Acceptance of the Offshore Trust 19. Jurisdiction over the Offshore Trust 20. The Proper Law of the Offshore Trust 21. Recognition of the Offshore Trust in Civil Law Countries 22. Rights to Succession- Forced Heirs and the Offshore International Trust Precedents Withers LLP Loose-leaf: ISBN 9780851215747 ₤ 508,00 Multi-user fee per 5 Users / CD-ROM: ISBN 9780421862104 ₤ 218,55 Publisher: Sweet & Maxwell Using overseas trusts can be one of the most highly effective methods of protecting business funds, reducing tax payments or reorganising control of assets and property. However, the utmost care must be taken to ensure that offshore trusts meet the need of the parties concerned, comply with the host jurisdiction's legal 9 Trust 23. Capacity to Create the Offshore Trust and Initial Transfers of Assets 24. The Non-enforcement of Foreign Judgments under Offshore Trust Law Modern International Developments in Trust Law David J. Hayton March 1999, ISBN 9789041197061 Hardcover , 360 pp. Euro price: € 148,00 This book is concerned with the development of the trust idea in common law jurisdictions, whether mainland or offshore, and in civil law jurisdictions. While trusts are important for preserving family wealth and influence, over ninety per cent of the value of trust funds is found in commercial or financial trusts, about which little has been written. It is interest in the latter type of trust that is likely to lead to the development of the trust idea in European mainland jurisdictions, especially as the economic destinies of European jurisdictions become increasingly intertwined and as the Hague Convention on the Recognition of Trusts comes to be implemented. In this volume the work of leading trust scholars in Canada, England, the USA, Germany and Japan is brought together to explore key issues in trust law, until now not covered in any single resource:  the full elasticity of the trust concept;  the variety and significance of commercial or financial trusts;  the scope for reforming trust law in various jurisdictions to make it more economically efficient in assisting in the preservation and generation of wealth;  the potential for the development of a core trust concept in civil law jurisdictions as a special part of the law of obligations, without any need to create equitable proprietary interests in favour of beneficiaries. Modern International Developments in Trust Law will be of interest not only to academic trust lawyers and comparative lawyers, but to common law and civil law practitioners, whether interested in taking advantage of foreign trust laws, or in developing in their local jurisdictions new ideas obtained from foreign jurisdictions. The offshore financial centre remains one of the most important and intriguing new phenomena in the international financial sector today, accounting for billions of investment dollars worldwide. One of the key financial products that the sector has spawned is the offshore trust. A statutory creation, the offshore trust is a significant departure from the traditional English common law trust. This modern trust, which serves as an important vehicle for tax planning, estate planning, asset protection, and broader investment objectives in offshore jurisdictions, operates within a special legal framework. It embodies significant and often radical concepts, such as the purpose trust, and trusts created specifically to avoid forced heirship regimes. This book examines this complex legal framework and the corresponding jurisprudence in detail, providing a valuable resource tool for the practitioner and academic alike. The offshore trust is a fairly new creature, and thus several controversial questions arise. This book offers an honest appraisal of such questions, examining the offshore trust from both its statutory origins and comparatively, taking into account common law presumptions about the trust. This enables the practitioner to source workable solutions to the inevitable conflicts that arise. Public policy concerns are also addressed. Offshore trusts have not been insulated from broader questions surrounding offshore financial centres. These are also discussed, particularly in relation to their tax planning, asset protection, and confidentiality functions. The responses to these questions coming from an ever-increasing body of case law and legislation, are also examined. Contents PART I - FUNDAMENTALS OF THE OFFSHORE TRUST 1. Introduction - The Place of the Offshore Trust in the Offshore Financial Centre 2. Anatomy and Functions of the Offshore Trust 3. Special Trust Vehicles 4. The Role and Powers of the Offshore Protector 5. Questions of Legitimacy and the Offshore Trust 6. Acceptance of the Offshore Trust PART II - CHALLENGES TO THE OFFSHORE TRUST AND COMMON PITFALLS TO AVOID 7. Disclosure and Confidentiality Obligations 8. The Offshore Trust as a Sham 9. The Law on Fraudulent Conveyances and the Offshore Trust 10. Duties of Trustees in Managing Offshore Trusts 11. Liability of Third Parties to the Trust 12. Liability of Directors of Offshore Corporate Trustees PART III - THE OFFSHORE TAX FUNCTION 13. Responses to the Tax Function of Offshore Trusts 14. Overview of Statutory Tax Countermeasures against Offshore Trusts 15. Judicial Engineering of the Tax Function of Offshore Trusts 16. Bilateral Routes to the Tax Function and the Question of Sovereignty 17. Duties of Offshore Trustees in Relation to Tax PART IV - CONFLICT OF LAWS AND THE OFFSHORE TRUST 18. Transplanting the Common Law Trust- Conflict of Laws and the Acceptance of the Offshore Trust 19. Jurisdiction over the Offshore Trust 20. The Proper Law of the Offshore Trust 21. Recognition of the Offshore Trust in Civil Law Countries 22. Rights to SuccessionForced Heirs and the Offshore Trust 23. Capacity to Create the Offshore Trust and Initial Transfers of Assets 24. The Nonenforcement of Foreign Judgments under Offshore Trust Law Principles Of European Trust Law David J. Hayton, S.C.J.J. Kortmann, H.L.E. Verhagen February 1999, ISBN 9789041197269 Hardcover , 236 pp. Euro price: € 63,00 Since the ratification of the Hague Trust Convention by the Netherlands and Italy, the question of whether civil law countries ought to have a trust or a legal institution resembling it has gained importance. the Business and Law Research Centre at the University of Nijmegen founded an international working group of experts in the field of trust law in 1996. This group developed eight principles of European trust law designed to facilitate transactions within European jurisdictions, to enable countries to recognise the potential for the development of new domestic legal concepts and to provide guidance as to how these developments can be framed in different legal and socio-economic contexts. This book provides a detailed analysis of these principles both from a common law and a civil law point of view. In particular, the national reports give an overview of the current law relating to trusts and fiduciary relationships and, in the case of civil law jurisdictions, whether the trust concept can be incorporated in the domestic legal systems on the basis of the eight principles. Table of contents Introduction to the Principles of European Trust Law. Principles of European Trust Law. Principes de droit europ en du trust. Commentary. National Reports. Scotland. Germany. Switzerland. Italy. France. Spain. Denmark. The Netherlands USA Advising the Elderly Client A. Kimberley Dayton and Timothy H.Guare and Louis A. Mezzullo and Molly M. Wood Book with CD-ROM $763.00 Clark Boardman Callaghan Pages : 4794 1 CD-ROM + 4 Print June, 2007 Update Frequency: Annually Written by a team of experts located in several different states. Comprehensive coverage of pertinent statutes in 50 states. Provides helpful checklists and charts This set offers a comprehensive survey of the major legal issues facing elderly clients. It provides in-depth analysis and guidance in the emerging field of elder law and the special planning needs of older clients: financial planning; estate planning; major entitlement programs such as Social Security income, pension and retirement benefits, Medicare and Medicaid; health care considerations; Trusts and Related Tax Issues in Offshore Financial Law Rose-Marie Antoine Price: £165.00 (Hardback) ISBN 978-0-19-925222-0 Publication date: 7 April 2005 560 pages Deals specifically with the offshore trust, providing the specialist financial advisor and practitioner with detailed and focused information on this valuable financial product Offers a comprehensive examination of both the statutory origins and expanding case-law in this area, thereby enabling practitioners to source both innovative and workable solutions Assesses the key practical considerations of the offshore trust such as tax planning, asset protection, and confidentiality 10 planning for incapacity, including living wills, durable powers of attorney, right-to-die issues; and discrimination against the elderly. divided into ten sections that relate to the commonly segregated parts of gratuitous transfer law. American Bar Association Guide to Wills and Estates: Everything You Need to Know about Wills, Estates, Trusts, and Taxes (2ND ed.) Americam Bar Association ABA ISBN 0609809342 / 9780609809341 Publisher: Random House Reference Publishing $ 16.95 US Binding: Paperback Pub Date: February 2004 384 pages Fully revised and up to date with the most recent tax laws, this new edition is an indispensable tool in safeguarding one's financial future. The American Bar Association Guide to Wills & Estates, Second Edition, contains everything you need to know about planning an estate, preparing a will or trust, and minimizing inheritance taxes. Organized in easy-to-follow chapters with sidebars containing tips, checklists, and key information, this book will show you how to make plans that will be carried out exactly as you wish. The ABA Guide to Wills & Estates will help you: - Take steps to help your family now - Determine what to put in your estate plan - Decide whether to prepare a will, trust, or living trust - Avoid or reduce estate taxes - Change your plans if the law or your circumstances change - Transfer property without a will with substitutes such as life insurance and joint tenancy - Understand the benefits of living gifts and life insurance - Choose an executor and trustee - Ensure that your will won't be contested The American Bar Association Guide to Wills & Estates, "Second Edition, contains everything you need to know about planning an estate, preparing a will or trust, and minimizing inheritance taxes. Organized in easy-to-follow chapters with sidebars containing tips, checklists, and key information, this book will show you how to make plans that will be carried out exactly as you wish. "The ABA Guide to Wills & Estates" will help you: - Take steps to help your family now - Determine what to put in your estate plan - Decide whether to prepare a will, trust, or living trust - Avoid or reduce estate taxes - Change your plans if the law or your circumstances change - Transfer property without a will with substitutes such as life insurance and joint tenancy - Understand the benefits of living gifts and life insurance - Choose an executor and trustee - Ensure that your will won't be contested Bogert Trusts and Trustees, rev. 2d and 3d George Gleason Bogert and Amy Morris Hess Book - hardbound $1,622.00 West Publishing Pages : 13119 23 Print Free Update Period : 1 Year Update Frequency: Annually A single source for forms to assure completeness and accuracy when drafting trust instruments - Reading notes explain fact situations of supporting cases - Table of Cases leads to the subject when you start with just one case in point - Practical application of the law to specific situations - References to significant law review articles - Comprehensive index helps pinpoint your answer fast Regular updating keeps the set current Your guide through the maze of today's tax laws, administrative rules and regulations, and court decisions regarding trusts. Covers the entire field of modern trust uses and shows how to plan an estate. Illustrates various uses of trusts in personal estate planning as well as in business and commercial arrangements. Includes important developments in law and techniques relating to estate and tax planning with trusts. Contains citations to all cases supporting the text, practical guidance on how to proceed under particular circumstances, and references to pertinent state and federal statutes. Complete Book of Trusts, 3rd Edition Martin M. Shenkman ISBN 978-0-471-21458-8 Paperback 304 pages April 2002 £13.99 A new, updated edition of the ultimate guide to trusts Trusts are powerful and flexible financial planning tools, and this new edition of The Complete Book of Trusts covers everything you need to know to protect your hard-earned assets from taxes, creditors, and more. This updated Third Edition provides all the latest information on trusts, addressing recent changes due to economic growth and the Tax Relief Reconciliation Act of 2001 in such areas as transferring assets, distribution of income, gift and estate tax rules, and many others. Along with in-depth examinations of sixty different types of trusts, this book also shows you how to: Set up a trust to manage assets in the event of disability or death. Avoid probate. Minimize or eliminate estate and other transfer taxes. Financially protect loved ones, and more The Complete Book of Trusts, Third Edition is an invaluable resource for anyone with significant assets to protect. Contents: PART ONE: UNDERSTANDING THE BUILDING BLOCKS OF A TYPICAL TRUSTS. Overview of Trusts. The Trust Document: Basic Building Blocks. Transferring Assets to Your Trust. Grantor's Rights and Powers. Designations and Rights of Beneficiaries. Fiduciary Rights, Powers and Obligations. Investment Standards and Decisions. Distribution of Income and Principal. Miscellaneous Trust Provisions & Exhibits. PART TWO: TAX CONSEQUENCES OF TRUSTS. Planning for the Gift and Estate Tax. Planning for the Generation Skipping Transfer Tax. How Trusts and Beneficiaries are Taxed. PART THREE: TRUSTS FOR DIFFERENT PEOPLE AND ORGANIZATIONS. Trusts for Yourself. Trusts for Your Spouse. Trusts for NonMarried Partners. Trusts for Children and Others. Trusts for Charities. PART FOUR: TRUSTS FOR SPECIFIC TYPES OF ASSETS. Trusts to Protect Your Assets. Life Insurance Trusts. Trusts for Securities. Trusts for Business Assets. Trust for Real Estate. Trusts for Pensions and Employee Benefits. PART FIVE: TERMINATION OF YOUR TRUST. Trust Termination. Complete Book of Wills, Estates & Trusts (3RD ed.) Bove, Alexander A ISBN 0805078886 / 9780805078886 Publisher: Owl Books (NY) $ 17.00 US Binding: Paperback Pub Date: December 2005 364 pages Asset Protection: Domestic and International Law and Tactics Duncan E. Osborne and Elizabeth M. Schurig Binder/Looseleaf $888.00 Clark Boardman Callaghan Pages : 3020 4 Print Update Frequency: Quarterly This multivolume set provides comprehensive coverage of domestic and international asset protection strategies. Shows how to handle the asset protection law of all 50 states and the District of Columbia, including exemptions from creditors, joint and marital property planning, gifts, trusts, disclaimers, protection of retirement plans, and limited liability entities. Compares the financial, professional, political, and legal characteristics of over 20 major financial offshore jurisdictions. Analyzes and handles the tax issues and reporting requirements involved in offshore arrangements. Black Letter Outline on Wills, Trusts, and Future Interests, 3rd Edition Lawrence H. Averill, Jr. Book - softbound $30.00 West Law School Copyright 2005 ISBN 0314155325 This book provides students with a basic explanation of the law related to the gratuitous transfer of property. Concepts are explained using charts, problems and illustrations. The book is 11 The best legal guide to wills and estates--with more than 80,000 copies sold--now updated to cover the current asset protection options and estate laws Whether grappling with modest or extensive assets, The Complete Book of Wills, Estates, and Trusts has long been the indispensable guide for protecting an estate for loved ones. In this completely revised third edition, updated to cover the latest changes in estate law, attorney Alexander A. Bove, Jr., clearly explains - how to use a will to avoid probate and legal complications - how trusts work and how to use trusts to save taxes - how to contest a will and how to avoid a contest - how to settle an estate or make a claim against one - how to establish a durable power of attorney - how to protect assets from creditors In his straightforward and humorous style, Bove shares easy-tounderstand legal definitions, savvy advice on taxes, and pragmatic and simple sample forms, all illustrated with entertaining examples and actual cases. The Complete Book of Wills, Estates, and Trusts is the best guide available for defending your financial legacy living trust is not necessary or beneficial for everyone. How do you decide if it’s the right thing for you? And how do you do it right? Get informed. In this comprehensive book, attorney Martin M. Shenkman guides you through the confusion to gain an understanding of the process that will help you avoid pitfalls, taxes, liability manipulation, and wasted money. Here are steps to: Minimize probate abuse Minimize living trust abuse Protect yourself from the legal and financial ravages of disability Distinguish the hucksters from the real expert advisers Use a living trust as part of a complete estate plan to reach all your personal goals Avoid the need for a court-appointed guardian Save taxes Decipher documents . . . and much more. Using sample checklists, and numerous reallife examples, Shenkman provides a balanced view of living trusts that will clarify what you do and don’t need. Complete Estate Planning Guide: Revised and Updated Adams, Kathleen / Adams, CFP ISBN 045121403X / 9780451214034 Publisher: New American Library $ 16.00 US Binding: Paperback Pub Date: February 2005 464 pages From an experienced financial planner, here is the definitive guide to lowering taxes and accumulating capital. Completely revised and updated, it explains every aspect of modern estate planning in nontechnical language. Drafting Wills and Trust Agreements, 3d Michael L.M. Jordan Binder/Looseleaf $524.00 Clark Boardman Callaghan Pages : 3296 4 Print Update Frequency: Annually This multivolume set provides a firm foundation for drafting any will or trust agreement using an estate planning system. Sets forth, in a form-and-comment format, the nuances of using the estate analysis checklists, as well as retrieving and analyzing family and financial information. Explains the federal tax law and state law pertinent to estate planning, with in-depth discussions on generation-skipping transfers and individual trustees. Identifies problem areas and possible solutions in using individuals as trustees. Provides suggestions for helping your client understand the estate plan. Contents: Volume 1 - Trust Agreements How to Use this System. Getting the Facts. Basic Estate Planning. Generation-Skipping Transfers. Problems and Solutions in Using Individual Trustees. How to Help the Client Understand the Plan. Revocable Trust Agreements. Creation of Share(s)/Trust(s) Marital Deduction Outright (Share A) Marital Deduction Power of Appointment Trust (Trust A) Qualified Terminable. Interest Property Trust (Trust C) Reverse Qualified Terminable Interest Property. rust (Trust C-1) The Nonexempt GST Trust (Trust D) The Nonmarital Interest(s) (Share B Trust B). Trust A: Marital Deduction. Trust C: The Qualified Terminable Interest Property Trust. Trust C-1: The Reverse Qualified Terminable Interest. Property Trust. Share/Trust B. Trust D. Nondispositive Provisions. Trust B for Named Beneficiary(ies). Trust Agreement Amendments. Trust Agreement Checklists. Volume 2 - Wills Generation-Skipping Transfers. Problems and Solutions in Using Individual Trustees. Will Forms. Marital Deduction Creation of Share A or Trust A and/or Trust C and GST Creation of Share(s)/Trust(s). Trust A: Marital Deduction. Trust C: The Qualified Terminable Interest Property Trust. Trust C-1: The Reverse Qualified Terminable Interest Property Trust. Share/Trust B: Residuary Provisions. Trust D Children Only Divide at Death of Settlor. Nondispositive Provisions. Trust B for Named Beneficiary(ies). Simple and Pour-Over Wills. Codicils. Will Checklists Volume 3 - Joint and Community Property Community Property Revocable Trust Agreement. Community Property Creation of Share(s)/Trust(s) Marital Deduction Power of Appointment Trust (Trust A). Qualified Terminable Interest Property Trust (Trust C) Reverse Qualified Terminable Interest Property. rust (Trust C-1) The Nonexempt GST Trust (Trust D) The Nonmarital Interest(s) (Share B - Trust B). Community Property Nondispositive Provisions. Joint Property Revocable Trust Agreement. Joint Property Creation of Share(s)/Trust(s) Marital Deduction Power of Appointment Trust (Trust A) Qualified Terminable Interest Property Trust (Trust C) Reverse Qualified Terminable Interest Property Trust (Trust C-1) The Nonexempt GST Trust (Trust D) The Nonmarital Interest(s) (Share B - Trust B) Joint Property Nondispositive Provisions. Trust A: Surviving Spouse's Trust. Trust C: The Qualified Terminable Interest Property Trust. Trust C-1: The Reverse Qualified Terminable Interest Property Trust. Share/Trust B. Trust D: Children Only Divide at Death of Settler. Alternate Trust Agreement Forms Trust Agreement Amendments. Community Property/Joint Property Checklists Complete Guide to Planning Your Estate: A Step-By-Step Plan to Protect Your Assets, Limit Your Taxes, and Ensure Your Wishes Are Fulfilled Baker, Sandy ISBN 1601380496 / 9781601380494 Publisher: Atlantic Publishing Company (FL) $ 24.95 US Binding: Paperback Pub Date: September 2007 288 pages This book explains the complicated issues, terminology, and planning strategies of estate planning. Topics covered are wills, assets, and settlement costs, probate, guardianship, executors, life insurance, living trusts, living wills, durable power of attorney, catastrophic illness, potential long-term care needs, marital deductions, types of trusts, federal and state estate exemptions, charitable remainder trusts, power of attorney, avoiding tax on life insurance, gift tax issues, generation skipping transfer tax, and much more. Estate planning should be a positive experience. It involves reviewing your situation and planning for your future. Advance planning is a way to show your love and to reduce potential distress later. The Complete Living Trusts Program Martin M. Shenkman ISBN 978-0-471-36105-3 Paperback 226 pages April 2000 £14.99 Avoid probate Manage and protect assets through disability Eliminate the need for a court-appointed guardian Avoid living trusts hype AVOID THE BALONEY, PUFFERY, AND SNAKE OIL OR HOW TO BEST UTILIZE LIVING TRUSTS FOR YOURSELF AND YOUR HEIRS A properly arranged living trust can be an invaluable estate and financial planning tool that ultimately insures your assets will reach heirs as quickly and cost effectively as possible. Unfortunately, this is more difficult to accomplish than it should be. The misinformation surrounding living trusts is staggering. Many trusts are poorly written, shamefully mismanaged, and improperly used. But even when correctly planned, a 12 Volume 4 - Irrevocable Trust Agreements Long Term GST Trust. Crummey Trust. Crummey Trust Dispositive Provisions. 2503(c) Trust for Minors. Tables and Index. Charitable Remainder Trusts. Grantor Retained Trusts. I.R.A. Management Trusts Book #00539; looseleaf, two volumes, approximately 1,400 pages; published in 1977, updated as needed. ISBN 978-1-58852-002-9 1400 pages - 2 volumes Estate Planning introduces the tax planner to unique wealth transfer strategies. It will guide you through the possible elimination (sunset) of the estate tax in 2010, the far-reaching effects of EGTRRA 2001, JGTRRA 2003, TIPRA, and the Pension Protection Act of 2006, and help you gain a tax-planning advantage when dealing with estate planning and transfer documents. Coverage includes: wills; living trusts; gifts in trust; insurance trusts; estate and gift tax returns; gifts or purchases of stock; financial planning for retirement; and family estate plans. Estate Planning is an authoritative guide to the use of tax-planning tools, such as the discount valuation of intrafamily gifts of minority interests in a closely held family business context, LLCs, like-kind exchanges, and the use of charitable transfers. It features practical planning techniques and provides many easyto-adapt clauses, forms and checklists, including a goals and objectives questionnaire, gifts of a life estate to a spouse, irrevocable minor's trusts, survivorship life insurance trusts and standard will clauses. Numerous examples of complete wills and alternative clauses are included. Estate Planning also discusses payment of gift and estate taxes and tax-planning tools and evaluates asset-protection devices, change of trust situs as well as business-planning techniques, including Family Limited Partnerships (FLPs) and Business Continuity Living Trusts (BCLTs). Estate and Entity Planning: Family Business Organizations, 2d Book with CD-ROM $344.00 Clark Boardman Callaghan Pages : 2050 1 CD-ROM + 2 Print September, 2007 This set provides relevant state law, tax law, research aids, and the necessary forms combined with practical analysis and proven strategies. Chronologically organized to follow the legal life cycle of a family business from inception through dissolution. Provides thorough coverage of all aspects of organizing and maintaining a closely held family business. Contains more than 140 forms, comparison charts, checklists, and graphs, including a "Graphic Analysis of the Relative Taxation of S and C Corporations," and a "Comparison of the Features of S Corporations and Limited Partnerships." All this and more on an included CD-ROM. Organizing the business; tax options; comparisons of general and limited partnerships, and S corporations and C corporations State law; trusts; accounting methods; compensation; exit strategies; restrictive agreements; maintaining the ongoing business Solutions to tax problems brought on by additional capital and changing family structures; types of legal entities Redemptions; dissolutions; S corporation eligibility; solving shareholder disputes; controlling future ownership; buy-sell agreements between shareholders or partners Gifts of interest in the business and their tax consequences; life insurance opportunities; valuation techniques Opportunity shifting as it relates to §2036(c) and otherwise; planning and administering the estate Property and tax planning through grantor retained income trusts and the marital deduction; generation-skipping taxes §2032A business and real estate income valuation, and charitable contributions Estate Planning, 4th Donald J. Malouf and Henry J. Lischer Book - hardbound $777.00 Thomson West 5 Print Update Frequency: Annually Provides extensive analysis of all aspects of estate planning Contains hundred of original authored forms Includes detailed index and tables Part of West’s Legal Forms, this set deals exclusively with estate planning, including wills, trusts, and related documents. It contains extensive forms and analysis, including tax analysis, related to estate planning, including wills, trusts, and related matters. Contents: Financial and Family Information and Objectives. Correspondence Related to Estate Planning. Document Assembly and Other Computer–Based Systems for the Preparation of Estate Planning Documents. Powers of Attorney. Anatomical Gifts. Wills for Unmarried Person Without Children. Wills for Unmarried Person With Children. Wills for Married Person Without Children. Wills for Married Person With Children. Wills for Married Person with Children: Separate Estates Are Not Subject to Federal Estate Tax But the Combined Total of the Two Estates Is Subject to Tax. Wills for Married Persons with Children: Separate Estates Are Subject to Federal Estate Tax and Marital Deduction to Be Used. Wills for Married Persons Without Children and with Taxable Estate. Explanation of Revocable Inter Vivos Management Trusts. Revocable Management Trusts for Unmarried Persons Without Children. Revocable Management Trusts for Unmarried Persons with Children. Revocable Management Trusts for Married Persons Without Children and with Nontaxable Estates. Revocable Management Trusts for Married Persons with Children and with Nontaxable Estates. One-Grantor RMTAs for Married Person with Children and Either (1) Each Separate Estate Is Not Expected to Be Subject to Federal Estate Tax, But the Combined Total of the Two Estates Is Expected to Be Subject to Tax or (2) Each Separate Estate Is Expected to Be Subject to Federal Estate Tax. TwoGrantor RMTAs for Married Person with Children and Either (1) Each Separate Estate Is Not Expected to Be Subject to Federal Estate Tax, But the Combined Total of the Two Estates Is Expected to Be Subject to Tax or (2) Each Separate Estate Is Expected to Be Subject to Federal Estate Tax. Two-Grantor RMTAs for Married Person with Children and Either (1) Each Separate Estate Is Not Expected to Be Subject to Federal Estate Tax, But the Combined Total of the Two Estates Is Expected to Be Subject to Tax or (2) Each Separate Estate Is Expected to Be Subject to Federal Estate Tax. Revocable Management Trusts for Married Persons Without Children and with Taxable Estates. Codicils. Disclaimers. Uniform Transfers to Minors Act. Present Interest (Section 2503(c)) Trusts for Gifts to Persons Less Than the Age of Twenty–One Years. Irrevocable Inter Vivos Trusts. Charitable Lead and Remainder Trusts. Table of Laws and Rules Estate and Personal Financial Planning Edward F. Koren Binder/Looseleaf $1,188.00 Clark Boardman Callaghan 5 Print Update Frequency: Monthly Discussion is organized into four main categories making it easy to quickly reference the information you need Monthly updates include a timely article on varying estate planning topics and a summary of recent tax developments A multivolume set that covers the laws of wills, trusts, and the various taxes that affect lifetime and testamentary transfers and the income of estates and trusts, along with other areas that will impact upon your creation of a comprehensive estate plan. It takes into consideration laws involving securities, corporations, partnerships, proprietorships, real estate, patents, personal property, oil and gas, as well as laws affecting disability and marital rights. Virtually every chapter contains sample forms and practice aids to assist you in knowing what the law is and how to apply it. Estate and Trust Planning Pennell, Jeffrey N (Author), Newman, Alan ISBN 1590315669 / 9781590315668 Publisher: American Bar Association $ 139.95 US Binding: Paperback Pub Date: January 2006 594 pages This practical guide to the law of donative transfers is a guide through the maze of terminology, rules, and policies raised by wealth transfers. Estate Planning Gerald S. Susman $295.00 13 Estate Planning: A Practical Guide, 2d William W. Brown Binder/Looseleaf $350.00 Clark Boardman Callaghan Pages : 1767 2 Print Update Frequency: Annually This handy guide allows you to handle virtually any estate law situation. The text provides expert treatment of topics such as wills, powers of attorney, corporations, survivorship deeds, trusts, client relations, and selecting a personal representative. It includes a history of federal and estate gift taxes from 1776 to the present. The guide also helps you determine which forms to use, when to use them, how they function, the meaning of each paragraph within the forms, and how to explain them to clients. Contents: How to Interview the Client. Choice of Representatives. Wills. Powers of Attorney. Corporations. Deeds to Real Estate. Gifts of Real Estate. Revocable Trusts. Insurance Trusts. Trusts for Disabled Beneficiaries. Grantor Retained Income Trusts. Offshore Trusts. Educational Trusts. Charitable Trusts. Qualified Domestic Trusts. Irrevocable Trusts. Federal and State Estate and Inheritance Taxes. Family Limited Partnerships. Private Annuities and Self Canceling Installment Notes (SCINs). Augmented Estate, Prenuptial Agreements and Postnuptial Agreements. Office Forms. Appendices: Tables Necessary for GRIT Trusts. Life Expectancy Tables. Term Certain Table. Key Rates and Valuations--Rate History. Key Rates and Valuations--Short Term Rates. Key Rates and Valuations--Mid Term Rates. Key Rates and Valuations--Long Term Rates. Federal and Estate Tax Rates Estate Planning For Dummies N. Brian Caverly, Jordan S. Simon ISBN 978-0-7645-5501-5 Paperback 384 pages April 2003 £16.50 If you’re like most people, you want to be sure that, once you’ve passed on, no more of your property and money will be lost to the government than is absolutely necessary. You want to know that you’ll be leaving your heirs your assets and not your debts. You want to be absolutely certain that your will is ship-shape, your insurance policies are structured properly, and that every conceivable hole in your estate plan has been filled. And most of all, you’d like to do all of this without driving yourself crazy trying to make sense of the complicated jargon, jumble of paperwork, and welter of state and federal laws involved in the estate planning process. Written by two estate planning pros, this simple, easy-touse guide takes the pain out of planning for your ultimate financial future. In plain English, the authors walk you step-by-step through everything you need to know to: Put your estate into order. Minimize estate taxes. Write a proper will. Deal with probate. Set up trusts. Make sure your insurance policies are structured properly. Plan for special situations, like becoming incompetent and pet care . Craft a solid estate plan and keep it up-to-date Don’t leave the final disposition of your estate up to chance and the whims of bureaucrats. Estate Planning For Dummies gives you the complete lowdown on: Figuring out what you're really worth. Mastering the basics of wills and probate. Using will substitutes and dodging probate taxes. Setting up protective trusts, charitable trusts, living trusts and more. Making sense of state and federal inheritance taxes. Avoiding the generation skipping transfer tax. Minimizing all your estate-related taxes. Estate planning for family businesses. Creating a comprehensive estate plan. Straightforward, reader-friendly, easy-to-use, Estate Planning For Dummies is the ultimate guide to planning your family’s future. Estate Planning Basics (4TH ed.) Clifford, Denis ISBN 1413307027 / 9781413307023 Publisher: NOLO $ 21.99 US Binding: Paperback Pub Date: September 2007 212 pages In order to make estate planning as painless as possible, Nolo presents Attorney Denis Cliffords new handbook, Estate Planning Basics. This book provides concise, straightforward and easy-toread explanations of the major components of estate planning, so that regular folks don't have to spend hours wading through endless options (most of which apply to the wealthy). These explanations include: choosing beneficiaries - estate planning by parents with minor children - wills - living trusts - estate taxes, and tax reduction methods - trusts for people in second marriages, or for those leaving property to a disabled person - planning for the handling of medical and financial decisions if one becomes incompetent. The 4th edition is completely updated to reflect the latest in the law and estate taxes. Estate Planning Forms and Clauses with CD ROM Jeffrey A. Schoenblum $161.00 Matthew Bender clothbound; 598 pp. w CD ROM ISBN 1583603549 2000 Anderson's Estate Planning Forms and Clauses presents a comprehensive compilation of forms and clauses encompassing not only wills and trusts but all aspects of estate planning, with special attention to tax considerations and consequences. Anderson's Estate Planning contains an expanded selection of essential will and trust forms and clauses, including detailed clauses specifying investment, business management, and other administrative powers of the executor or trustee. It also includes a comprehensive collection of forms and clauses relating to living wills and other advance health care directives. New forms and clauses of particular interest to practitioners include? ? Charitable lead trusts ? Charitable remainder annuity trusts ? Charitable remainder unitrusts ? Credit shelter trusts ? Wide open trusts ? Grantor retained annuity trust ? Grantor retained interest trust ? Grantor retained unitrust ? Comprehensive ADR clause ? Limited liability company ? Limited partnership ? Springing power of attorney ? Federal estate tax apportionment ? Irrevocable trust for minor satisfying IRC ? 2503(c)(4.02) The forms and clauses in this edition have been supplied by some of the most eminent estate planning practitioners in the country, including Edward B. Benjamin, Jr., Dennis I. Belcher, Jerold I. Horn, Hugh F. Kendall, Frederick R. Keydel, Donald D. Kozusko, Louis A. Mezzullo, Conrad L. Moore, Sandford J. Schlesinger, and Robert C. Vaughn, Jr. Including all forms on CD-ROM. Contents: 1: Introduction 2: Acknowledgment of Sources 3: Whole Will Forms 4: Inter Vivos Trust Forms WILL, TRUST, AND OTHER DOCUMENT CLAUSES 5: Acceptance of Will by Spouse 6: Acknowledgment 7: Administrative Powers of Executor and Trustee 8: Afterborn or After-adopted Children 9: Anatomical Gift 10: Ancillary Administration11: Ancillary Executors and Trustees 12: Annuity 13: Estate, Gift, Trust, and Fiduciary Tax Returns: Planning and Preparation, 2007 ed. George M. Schain Book - softbound $298.50 Clark Boardman Callaghan Update Frequency: Annually This handy text will help speed and improve your research and planning for estate, gift, trust, and fiduciary tax returns. The author, a former IRS appeals officer, goes beyond law and theory to show you how the rules apply in particular situations. Covers gift tax, estate tax, revocable transfers, life insurance, marital deductions, postmortem estate planning, disclaimers, QTIPs, lifetime transfers, charitable deductions, expenses, debts, mortgages, and liens, and more. Expert author discussion and commentary by a former IRS appeals officer on issues faced in preparing and filing estate, gift, trust, and fiduciary tax returns. Extensive footnotes reviewing the laws, regulations, and rulings. Figures, forms, and schedules updated annually. Internal Revenue Service Tables, Treasury Regulations, Revenue Rulings and Releases, Case Tables, and a detailed index. Includes a helpful glossary of estate, gift, generation-skipping, and trust tax terms. 14 Testation 14: Bequest 15: Bond 16: Captions and Descriptive Word Headings 17: Charity 18: Class Gifts and Nonapplicability of Antilapse Statute 19: Community Property 20: Conflict of Interest 21: Conflict of Laws 22: Consolidation of Trusts 23: Contractual Wills 24: Cooperative Apartment 25: Debt 26: Definitions 27: Delegation of Powers 28: Disclaimer 29: Discretionary Trust 30: Divorce 31: Elective Share 32: Environmental Law Compliance 33: Executor and Trustee Appointment 34: Exoneration of Third Party 35: Exoneration of Trustee 36: Exordium 37: Expenses 38: Failure of Issue 39: Fees 40: First Refusal 41: Foreign Spouse and/or Other Foreign Beneficiary 42: Generation-Skipping Transfer Tax (GSTT) Clauses 43: Guardian 44: Homestead 45: Household Effects 46: In Terrorem Clause and Alternate Dispute Mechanisms 47: Income Interest 48: Incompetent Person or Minor 49: Incorporation by Reference 50: Investments 51: Legacy 52: Life Estate and Remainder in Real Property 53: Life Insurance and Other Death and Disability Benefits 54: Living Wills, Health Care Proxies, and Medical Directives 55: Marital Deduction 56: Minors 57: Partnership and Other Business Agreements 58: Percentage Payment 59: Personal Property 60: Pour-over and Pour-backs 61: Powers of Appointment 62: Powers of Attorney 63: Premarital Agreements 64: Principal and Income 65: Probate Court 66: Qualified Interest PropertyI.R.C. ' 2032A 67: Qualified Retirement Plans and IRAs 68: Removal of Trustee 69: Residence 70: Residuary Estate 71: Resignation of Executor or Trustee 72: Rule Against Accumulations 73: Satisfaction of Legacies 74: Severability 75: Shares of Estate or Trust and Their Administration 76: Spendthrift and Protective Trust Clauses 77: Sprinkle Trust 78: SubS Stock Held in Trust 79: Successor Trustees 80: Survivorship Clauses 81: Taxes 82: Technical Material, Exhibits, and Appendices 83: Termination, Amendment, Revocation and Severance of Trusts 84: Testimonium 85: Trust Advisors and Other Special Fiduciaries: Appointment and Replacement 86: Trust Records and Accounts 87: Withdrawal Rights Binder/Looseleaf $298.00 Clark Boardman Callaghan Pages : 1200 2 Print Update Frequency: Annually A comprehensive look at the types of trusts used for estate planning, the income tax implications of irrevocable trusts, involvement with the IRS, and the calculation of assets being transferred to the trustee. Helps answer the two most common questions encountered when drafting a trust for the purposes of income and asset shifting: Who can be the trustee? How will the assets to be transferred be valuated? Contents Corporations: Agreements Relating to Organization, Operation, Merger and Dissolution. Partnerships: Agreements Relating to Organization, Operation, Dissolution and Conversion to Corporation. Financing of Business Enterprises: Agreements Relating to Various Types of Business Financing. Employment: Agreements Relating to Various Types of Employment Arrangements. Employee Benefit Plans and Agreements: Agreements of Various Types, Including Qualified and Unqualified Employee Plans, Deferred Compensation, Group and Individual Life Insurance Plans and Split-Dollar Life Insurance Plans. Sale and Purchase of Businesses: Agreements of Various Types, Purchase of Stock and Purchase of Assets. Business Boy-Out Arrangements Among Coowners: Buy-Sell and Redemption Agreements. Real Estate Transactions: Agreements for the Purchase, Sale, Development and Syndication of Real Estate. Real Estate Leasing Transactions: Agreements Relating to Leasing of Real Property. Condominiums: Agreements Relating to Organization, Sale and Purchase. Patents, Copyrights, Trademarks: Agreements Relating to Patents, Copyrights, Trademarks and Know-How; Sale, Purchase, and Licensing, Joint Venture Development. Estate Planning Documents: Including Wills, Living Trusts of Various Kinds, Short-Term Trusts Charitable Arrangements: Including Agreements Creating Charitable Foundations and Trusts, and Charitable Annuity Agreements. Matrimonial Agreements: Including Prenuptial, Postnuptial and Property Settlement Agreements. Miscellaneous: Agreements Not Included in Parts 1-14. Bibliography Appendix: How To Draft Clear and Concise Legal Documents Family Estate Planning Guide, 4th Frederick K Hoops and Frederick H Hoops, III and Daniel S Hoops Book with CD-ROM $546.00 Clark Boardman Callaghan 1 CD-ROM + 2 Print Update Frequency: Annually Non-traditional estate planning and handling unusual assets Basic wills, trusts, GRITS, GRATS & GRUTS, insurance, and health care directives in estate planning Federal taxation aspects of estate plans, including succession arrangements and property preservation Developments in I.R.C. Chapter 14 estate freezes, limited liability companies, and family partnerships Partnership tax, employee benefits plans, and IRAs Federal estate, gift and generation-skipping transfer tax Resolve estate planning problems with knowledge of the law and creativity. This text provide expert answers to all your clients' estate planning questions, with treatment of such issues as marital deduction planning, charitable lead and remainder trusts, insurance planning, estate and gift tax, generation-skipping transfer tax, annual exclusion planning, and will provisions. Introduction to Estate Planning in a Nutshell, 5th Edition Robert J Lynn and Grayson M.P. McCouch Book - softbound $28.00 West Law School ISBN 0314153063 Pages : 352 August, 2004 This Nutshell presents an introduction to estate planning. Subjects covered include the transfer of property at death at will under the intestate law, survivor interests, community property, and "simple" wills. Addresses insurance, estates arising from status, Social Security, pensions, workers' compensation, and veterans benefits. Discusses charitable trusts, the rule in Shelley's case, the Doctrine of Worthier Title, the Rule Against Perpetuities, and the Rule Against Accumulations. Also addresses fiduciary administration and federal estate and gift taxes. Hornbook on Wills, Trusts and Estates, Including Taxation and Future Interests, 3d Edition William M. McGovern, Jr. and Sheldon F. Kurtz Book - hardbound $54.00 West Law School ISBN 0314147144 Pages : 844 February, 2004 Provides an overview of federal gift, estate, and generationskipping transfer tax laws for the law student or practitioner. Grantor trust rules affecting the wealth disposition process is also addressed. Other subjects include intestacy, succession, power of disposition limits, transfer requirements, revocation, extrinsic evidence, incapacity, and undue influence. Examines trusts and their alternatives, changes in will execution, and problems of construction in future interests. Overviews the Federal Transfer Tax laws relating to estates and trusts, deductions in computing taxable estates, asset valuation, and credits. Generally, emphasis is placed on the Uniform Probate Code throughout the text. An Introduction to Trusts and Estates (American Casebook Series®) Valerie J. Vollmar and Amy Morris Hess and Robert Whitman Book - hardbound $125.00 West Law School ISBN 0314211527 January, 2003 This law school textbook explores the basic doctrines and planning techniques that modern lawyers must master to assist clients with estate planning, draft implementing documents, and advise fiduciaries and clients on the proper administration of estates and trusts. A hypothetical client family is used to explore the human aspects of estate planning and to illustrate estate planning issues Irrevocable Trusts, 3d George M Turner 15 most likely to arise at particular stages of a client’s life. Textual material is designed to be self-explanatory, so that teachers are free to use classroom time to explore planning and drafting techniques and policy considerations more fully. Lawyer's Guide to Estate Planning, 3rd Edition: Fundamentals for the Legal Practitioner Hunt, L Rush, Hunt, Lara Rae ISBN 1590313666 / 9781590313664 Publisher: American Bar Association $ 99.95 US Binding: Paperback Pub Date: September 2004 250 pages This book provides an introduction to the basics of estate planning and will make this area of the law more accessible to the nonspecialist. The only work to fully integrate estate, gift and income taxation into a unified transactional approach to estate and financial planning. All key estate planning topics are covered, including issues that may arise after 2009 (pursuant to the Economic Growth and Tax Relief Reconciliation Act of 2001). Coverage includes: Estate and gift taxation/general principles. Transfers and interests subject to estate and gift taxation. Estate and gift tax deductions, exclusions and credits. Generation-skipping transfer taxation .Special valuation provisions. Basic principles of income taxation of trusts and estates. Income taxation of non-grantor trusts and estates. Income taxation planning issues. Grantor trust. Future estate planning issues. Client focused planning. Valuation techniques and drafting considerations. Forms and clauses, tax returns, state taxation. Practice and procedure Contents: 1 Federal Estate Tax Basics 2 Gift Tax Basics 3 Nonresident Alien Estate and Gift Tax Basics 4 Transfer of Property Owned by Decedent 5 Estate Taxation of Lifetime Transfers 6 Estate and Gift Taxation of Annuities 7 Estate and Gift Taxation of Jointly Held Property 8 Estate and Gift Taxation of Powers of Appointment 9 Estate and Gift Taxation of Life Insurance 10 [Reserved] 11 Estate Tax Deductions for Funeral Expenses, Administration Expenses, Claims and Losses 12 Estate and Gift Tax Charitable Deduction 13 Estate and Gift Tax Marital Deduction 14 The Estate Tax Qualified Family-Owned Business Interest Deduction 15 The Estate Tax Qualified Conservation Easement Exclusion 16 Credits Against the Estate and Gift Tax 17 Disclaimers 18 GenerationSkipping Transfer Tax 19 Alternate Valuation 20 Special Use Valuation 21 Valuation of Intrafamily Transfers 22 General Principles of Income Taxation of Trusts and Estates 23 Computation of the Taxable Income and Tax Liability of Trusts and Estates 24 [Reserved] 25 Distributable Net Income 26 Taxation of Simple Trusts 27 Taxation of Complex Trusts and Estates 28 Basis: Specific Gifts, Bequests, Devises and Inheritance 29 Income in Respect of a Decedent 30 Deductions in Respect of a Decedent 31 – 33 (Reserved] 34 Grantor Trust Rules 35 Planning for Federal Wealth Transfer Taxation After 2009 36 Estate Planning Goals 37 Using Revocable (Living) Trusts 38 Planning for Community Property 39 Planning With Life Insurance 40 Maximizing the Income Tax Charitable Deduction 41 Planning With the Charitable Trust 42 Planning With Qualified Plans & Deferred Compensation 43 Planning for the Owner of a Closely-Held Corporation 44 Planning for the Owner of a Partnership or Limited Liability Company 45 Farm and Ranch Estate Planning 46 Planning for the Terminally Ill Client 47 – 55 (Reserved] 56 Estate and Gift Tax Valuation 57 – 60 (Reserved] 61 Tax Apportionment in Drafting 62 Basic Guide to Drafting 63 –65 (Reserved] Forms and Clauses 66 Filing the Federal Gift Tax Return 67 Filing the Federal Estate Tax Return and Paying the Tax 68 Filing the Final Federal Income Tax Return of Decedent 69 [Reserved] 70 State Death and Gift Taxes 71 State Fiduciary Income Tax 72 Tax Practice and Procedure 73 Audit Triggers Table of Cases Table of Statutes, Regulations and Rulings Living Trusts: Forms and Practice Dwight F. Bickel $216.00 Matthew Bender ISBN 0820510815 1 Volume, looseleaf; with Forms on Disk; updated with annual revisions. If your practice includes estate planning, you need to know how to use living trusts for your clients' benefit. In one volume, Living Trusts: Forms and Practice is a practice-oriented publication, featuring incisive analysis of the law by an estate planning expert and a comprehensive collection of practice-tested legal forms that you can use to establish and fund living trusts. The forms include: a simple joint revocable living trust for married persons; a simple separate revocable living trusts for married persons; a simple revocable living trust for unmarried persons; estate tax planning living trusts, with/without q-tip provisions; an pour-over will an irrevocable life insurance trust for tax planning; forms for transferring real estate and investment assets to a living trust beneficiary designation forms Contents: 1 Guide to Types of Trusts and Their Uses 2 Living Trusts for Estates of Small to Moderate Size 3 Estate Tax Planning Living Trusts for Larger Estates 4 Provisions for Special Problems 5 Irrevocable Trusts for Asset Protection and Tax Planning 6 Choosing a Trustee 7 Funding the Living Trust 8 Income and Gift Tax Consequences of Living Trusts 9 Administration of Living Trusts 10 A Simple Word Processing System for Living Trusts Make Your Own Living Trust with CDROM (8TH ed.) Clifford, Denis ISBN 1413305695 / 9781413305692 Publisher: NOLO $ 39.99 US Binding: Paperback Pub Date: April 2007 349 pages This revised edition of a bestselling guide clearly explains how a living trust works, how to create a trust, how to transfer property to a trust, and more. It also provides all the forms and instructions necessary to create a basic living trust, a marital life estate trust (AB trust), and a back-up will. Good in all states except Louisiana. Property left in a living trust bypasses lengthy and expensive probate court proceedings and goes directly to the person it's left to, quickly and easily. Make Your Own Living Trust clearly explains: how a living trust works-how to create a trust-how to transfer property to a trust-how to amend or revoke a trust at any time. The bestseller also provides all the forms and instructions necessary to create a basic living trust, a marital life estate trust (A-B trust) and a back-up will. Good in all states except Louisiana. Multistate Guide to Estate Planning (2008) Jeffrey A. Schoenblum $275.00 Oct. 2007 Pages: 1248 ISBN 0-8080-9141-7 Multistate Guide to Estate Planning gives the estate planning professional instant access to the estate planning laws of all 50 states and the District of Columbia. In one comprehensive source, the Guide provides state-by-state guidance on how to minimize state taxes to preserve the multi-state estate, achieve the desired disposition of property regardless of jurisdiction, resolve commonly encountered state law problems in estate practice, and assure asset protection. The easy-to-use format enables the estate planning professional to readily locate information concerning one state’s treatment of a particular issue (or compare the treatment required by several states) all on the same table. Each table is broken into detailed, separate analyses, which consist of a series of detailed questions. The tables are designed for state-by-state comparisons. All information in the new and updated charts generally reflects state laws in effect on May 1, 2007. The 2008 Multistate Guide to Estate Planning is divided into 15 parts. The 2008 Edition contains a new table on the Uniform Principal and Income Act. It covers the uniform act as well as the variations in all 50 states. In addition, the book contains a back-ofthe book CD with the Advance Directives of all 50 states. Modern Estate Planning, Second Edition J. Martin Burke, Michael K. Friel, Elaine Hightower Gagliardi $1242.00 Matthew Bender 5 Volumes, looseleaf; updated revisions three times per year ISBN 0820554871 Plan Your Estate (8TH ed.) Clifford, Denis (Author), Jordan, Cora 16 ISBN 1413304060 / 9781413304060 Publisher: NOLO $ 44.99 US Binding: Paperback Pub Date: March 2006 455 pages Plan Your Estate covers everything from the basics of wills and living trusts to sophisticated tax-saving strategies. The authors give you straightforward, plain-English explanations of every significant estate-planning option available, so you can make the best decisions for you and those you love. The most comprehensive estate planning book available, Plan Your Estate covers everything from basic estate planning to sophisticated tax-saving strategies for people with estates worth up to $1,200,000 or more. It demystifies: probate avoidance, living wills, estate tax saving trusts, funerals and burials, federal estate and gift taxes, charitable remainder trusts, durable powers of attorney. This useful book includes valuable information about estate-tax savings and family "pot trusts." Good in all states except Louisiana. Spouse Who Operates the Business. Employee Benefits. Qualified Retirement Plans. Making Gifts to Charity. Income Tax. Consequences of Outright Gifts. Estate and Gift Tax. onsequences of Outright Gifts. Gifts of Split Interests in Trust. Charitable Lead Trusts (ss 14:34 to 14:37). Tax Planning the Estate After the Owner's Death. Tax Return Requirements. Elections Available to the Executor. Election By Partnership and Limited Liability Company to Increase Basis. Distribution Planning. Disclaimers. Appendices Planning for Large Estates Douglas K. Freeman, Stephanie G. Rapkin $275.00 Matthew Bender 1 Volume, looseleaf; updated annually ISBN 0820511285 Analysis of the latest legal trends, planning notes, illustrative examples, practice forms and tax-saving techniques you need to handle large estates. While estate freezing techniques have been severely curtailed by Congress, planning for large estates continues to be a technically demanding and dynamic area of practice. Planning for Large Estates is 100% practice oriented. It is specifically designed to meet the needs of attorneys working with large estates. As your practice grows in size and complexity, and as your clients' assets appreciate, this all-inclusive planning guide, updated yearly by an expert practitioner, will grow in value. Our expanded guide shows you how to reduce your clients' taxes and save money for their beneficiaries. It pinpoints proven taxsaving procedures and takes you through the most effective freeze methods step-by-complicated-step. This publication zeroes in on the most effective wealth transfer techniques: Limited liability companies - Multi-tier family limited partnerships - Irrevocable life insurance trusts - Intrafamily business transfers - Corporate recapitalizations - Intrafamily and charitable gifts - Sales techniques Contents: 1 Estate Freezing: Perspectives and Parameters 2 Corporate Recapitalizations 3 Multi-Tier Family Partnerships 4 Sales Techniques 5 Intrafamily and Charitable Gift Techniques 6 Valuation Considerations 7 The Mathematics of Estate Planning and Estate Freezing 8 Valuation of Intrafamily Transfers--the AntiEstate Tax Freeze Rules Planning an Estate: A Guidebook of Principles and Techniques, 4th Martin A. Neumann and Harold Weinstock Book - hardbound $151.00 Clark Boardman Callaghan Pages : 512 Update Frequency: Annually Get clear explanations of the advantages, disadvantages, and tax ramifications of many estate planning alternatives. Includes tips on how to save on death taxes using conventional and creative methods. Learn how to plan estates of elderly and disabled people, and how to reduce the tax impact following the surviving spouse's death. Explains the use of revocable trusts to avoid probate and reduce the income tax burden on beneficiaries. Tips on choosing assets to make up a gift and the manner in which the gift should be made. You'll also get information on how to use GRITs, GRATs, GRUTs, remainder interest joint purchases, gifts, and charity gifts to reduce taxes and increase the value of the estate. Contents: Introduction to Estate Planning. Objectives of Good Estate Planning. Professions Involved in Estate Planning. Information Needed to Prepare an Estate Plan. Ascertaining the Estate Owner's Objectives. Steps to Follow in Analyzing and Formulating the Estate Plan. 2. Overview of Tax Principles. The Federal Estate Tax. State Death Taxes. The Federal Gift Tax. State Gift Taxes (s 2:48). Basis of Property for Federal Income Tax Purposes. Planning a Small Family Estate. Planning for the Surviving Spouse. Planning for the Minor Children on the Death of the Surviving Spouse. Planning for the Elderly and Disabled. Obtaining the Marital Deduction and the Community Property Exclusion to Save Death Taxes. Marital Deduction. Community Property Exclusion Bypassing the Second Tax and Generation-Skipping Transfers. The Bypass Trust as Part of the "A-B" Trust Plan. Maximum Benefit Bypass ("B") Trust. Discretionary Trust. Widow's (or Widower's) Election Trust . Bypass Trust for Beneficiaries Other Than Spouses Avoiding Probate. Probate in General. Non-Tax Advantages and Disadvantages of Probate. Methods of Avoiding Probate. Using a Revocable Living Trust. Funded Revocable Living Trust. Pour-Over Will and Unfunded Revocable Living Trust. Making Gifts. General Considerations in Making Gifts. To Whom a Gift Should be Made Selection of Assets to Give (ss 8:23, 8:24). Manner of Making Gifts. Non-Traditional Lifetime Wealth Transfer Devices. Grantor Retained Interest Trusts (GRITs) and Qualified Personal Residence Trusts (QPRTs). Grantor Retained Annuity Trusts (GRATs). Sale of a Remainder Interest By Estate Owner. Joint Purchase of Life Estate and Remainder Interest. Life Insurance. Use of Life Insurance in Estate Planning in General. Types of Life Insurance Policies. Death Taxation. Gift Taxation. Income Taxation. Estate Planning Considerations in Designating the Owner and Beneficiary of a Life Insurance Policy. Who Should be Made the Owner? Business Life Insurance (ss 10:56 to 10:59). Use of Life Insurance in Connection With Employee Fringe Benefits. Annuities. Annuity Contracts. Commercial Annuities. Private Annuities. Handling a Business Interest. Valuation of a CloselyHeld Business Interest for Death Tax Purposes. Buy-Sell Agreements. Use of § 303 Redemption. Recapitalizing Stock of Closely-Held Company. Use of Deferred Compensation Contracts. Election to Defer Payment of Estate Tax with Respect to CloselyHeld Business Interest. Considering Disposition of Business Interest Before Death. Planning for Possibility That Spouse Owning a Community Property Interest in a Business Dies Before the Practical Guide to Estate Planning, 2008 Edition (with CD) Ray D. Madoff, Cornelia R. Tenney, Martin A. Hall $195.00 Nov. 2007 Pages: 864 ISBN 978-0-8080-9152-3 Practical Guide to Estate Planning provides a clean overview of estate planning, offering the widest variety of discussion on planning principles and tools from the simple to the sophisticated. This book is not lacking in detail, witnessed by its well-annotated collection of forms that will appeal to many experienced estate planners. The layout of this book reflects its emphasis on simplicity and clarity. It is divided into four major sections, the first of which provides a general view of the estate planning process. The second section of the 2008 Edition of Practical Guide to Estate Planning addresses the rules involved in estate planning and the various ways in which estates may be structured to achieve desired tax effects. The third section explores some of the more specialized areas of estate planning, including generation-skipping transfer tax rules and charitable planning, including the use of private foundations and split-interest trusts. The last section contains a set of estate planning forms. Included are a pour-over will, a revocable trust, a minor's trust, a Crummey trust, a life insurance trust, a durable power of attorney, a health care proxy and an unannotated qualified personal residence trust (QPRT). The authors provide alternative drafting options as well as comprehensive annotations that can be used as quick references that explain why and how these devices operate. This reference, with its wealth of basic information as well as its impressive assortment of forms and supporting materials, offers something of interest for everyone. Its clarity and clean organization, augmented by well-constructed examples, practice tips, diagrams and charts, make it a work that will be useful to both the newcomer and the experienced practitioner in the field. The 2008 Edition covers the legislative, regulatory and judicial developments that are of most importance to estate planners, bringing you up to date in this constantly changing area. 17 Price on Contemporary Estate Planning (2008) John R. Price, Samuel A. Donaldson $315.00 Dec. 2007 Pages: 1580 ISBN 978-0-8080-9153-0 This edition of Price on Contemporary Estate Planning is a mine of information and expertise packed with valuable practice tips; this is the most current and comprehensive single-volume estate planning resource available. Providing theoretical grounding and a practiceoriented approach, Price and Donaldson show how to handle the full range of estate planning problems and techniques, including: Client counselling, Durable powers of attorney, Living wills, Private annuities, Charitable remainder trusts, Life Insurance, Lifetime noncharitable gifts, Closely held business interests, Community and marital Property, Retirement plans and IRAs, Post-mortem planning, Professional responsibility, and more! Helpful practice tools include numerous real-life examples illustrating application of principles, ready-to-adapt forms, and checklists. procedural charts will ease your task and lend confidence in the resultant document. All the "pros" and "cons" are at your fingertips in these volumes, including a comprehensive survey of estate planning trusts, income tax implications of estate planning trusts, asset calculations for trust transfers, and all necessary forms. Scott and Ascher on Trusts Mark L. Ascher, Austin Wakeman Scott, William Franklin Fratcher $1,920.00 ISBN 9780735561908 Hardcover Latest Supplemented Date: 8/30/2007 Automatic Supplementation Includes Volumes 1 through 4 of the Upcoming Fifth Edition! Widely regarded as the leading authority on the law of trusts, Scott and Ascher on Trusts offers practical advice on the creation, administration, and termination of all kinds of trusts, as well as incisive analysis of the underlying principles of trust law. This multivolume set now includes the first two volumes of the upcoming Fifth Edition. The duties of trustees and the rights of beneficiaries, would-be beneficiaries, and third parties are constantly being changed and redefined. This preeminent resource keeps you abreast of the latest developments in trust law, enabling you to resolve trust problems efficiently and effectively with regular updates integrating the latest court decisions and legislative changes. Scott and Ascher on Trusts allows you to examine the full range of your options at every stage, from client counseling to final distribution. You'll find all the guidance you need to handle such trust elements and issues as:  What can make a trust illegal  Powers and liabilities of the trustee  Remedies of the beneficiary  Charitable, constructive, and resulting trusts  Third-person liabilities  Power of creditors to reach trust property  ERISA  Conflict of laws  Moral and political factors influencing a trustee's investments  Corporate fiduciaries  Creditors and bankruptcy  Eligibility of beneficiary for Medicaid Principles of Wills, Trusts and Estates (Concise Hornbook Series) William M. McGovern, Jr. and Sheldon F. Kurtz Book - softbound $40.00 West Law School ISBN 0314156178 Pages : 512 February, 2005 This book introduces students to the federal gift, estate, and generation-skipping transfer tax laws; grantor trust rules affecting the wealth disposition process; and the income tax rules applicable to estates and trusts. It covers recent cases and secondary literature and, reflecting the current trend toward globalization, it also includes a discussion of comparative law. It emphasizes the lawyer's role as drafter or estate planner and suggests ways to avoid problems that otherwise lead to litigation. It closely tracks the authors’ more detailed hornbook, using the same section numbers for easy retrieval of information in the longer version. Contents: Terminology and Choice of Law - Intestate Succession - Limits on Testamentary Power - Formalities - Revocation - Extrinsic Evidence - Incapacity and Undue Influence - Ademption, Abatement and Lapse - Trusts - Future Interests - The Rule Against Perpetuities - Probate and Administration - Rights of Creditors - Living Wills and Durable Health Care Powers of Attorney - Overview of the Federal Tax Laws Relating to Estates and Trusts Table of Cases Uniform Probate Code Sections - Restatement References Special Needs Trusts: Protect Your Child's Financial Future with CDROM (2ND ed.) Elias, Stephen ISBN 1413306306 / 9781413306309 Publisher: NOLO $ 34.99 US Binding: Paperback Pub Date: May 2007 260 pages This book is about leaving property to a loved one with a disability who likely will require long-term support and medical assistance under the SSI and Medicaid programs. This might be a son with Down syndrome, a daughter with Cystic Fibrosis, a niece or nephew with severe autism, a grandchild with schizophrenia, or any other person with a similarly disabling condition that will (or may) require a lifetime of subsidized support and medical care. A special needs trust can benefit anyone over 65 and anyone of any age with a disability that makes them eligible for federal SSI and Medicaid benefits. The 2nd edition is completely updated and provides a simplified process for incorporating a special needs trust into an estate plan. Professional Advisors' Guide to Planned Giving (2006 Edition) Kathryn W. Miree, J.D. $229.00 Sep. 2005 Pages: 896 ISBN 0-8080-8935-8 Professional Advisors' Guide to Planned Giving offers practical advice on the wide range of issues that arise for charities implementing a planned giving program and for donors making charitable gifts. This book provides practical guidance for all professionals advising donors or charities on financial issues and charitable giving. The 2006 Edition provides the legislative, regulatory, and judicial developments that are most important to professionals concerned with tax-exempt organizations. Suze Orman's Will & Trust Kit: The Ultimate Protection Portfolio Orman, Suze ISBN 1401918999 / 9781401918996 Publisher: Hay House $ 19.95 US Pub Date: April 2007 NEW, ONLINE VERSION! This is an easy-to-use and fast way for you and other members of your household to create your own will, living revocable trust, and "all" the other must-have documents you need to protect you and your family. It’ s as easy as 1-2-3— simply personalize, print, and protect. Suze Orman and her own estate trust attorney have created the most state-of-the-art documents found anywhere. There are more than $2,500 worth of estate documents in this kit. Why pay thousands of dollars when you can get the same documents in this kit for $19.95! This kit includes: • More than 50 state-of-the-art documents• Free automatic on-line updates • Verbal and written instructions taking you step by step through the four must-have documents Revocable Trusts, 5th George M Turner Binder/Looseleaf $510.00 Clark Boardman Callaghan Pages : 1950 4 Print Update Frequency: Annually Get everything you need to analyze, draft, present, and execute a contemporary living trust in any of its many forms and constructions. Drafts drawn up with practice-tested forms on disk, and the sample client letters, wills, and graphically-illustrated 18 • • • Password protection securing multiple users’ information A tutorial that shows you everything you need to know 10 electronic books PC and Macintosh Compatible . . . and good in all 50 states! Tax, Estate & Financial Planning for the Elderly John J. Regan, Rebecca C. Morgan, David M. English $317.00 Matthew Bender 1 Volume, looseleaf; updated twice per year ISBN 0820512893 The first and still the very best text on elder law, this outstanding volume covers every aspect of elder law practice. Topics covered include: Health (Medicare, Medicaid, advance health care directives, longterm care, nursing homes) Financial (income, estate and gift taxes, pensions, financial planning, estate planning, property management) Government Benefits (Social Security, SSI, veterans¿ benefits) Personal (housing, elder abuse, guardianship) Practical Advice for the Attorney (client relationships, ethical considerations) Rely on expert legal analysis to explain all the significant issues and resolve the intricate problems that arise in this evolving area of practice. Professional guidance from top experts Rebecca C. Morgan, past President of the National Academy of Elder Law Attorneys, and David M. English, a leading estate planning authority, helps you anticipate your clients' requirements and plan for their future. Every chapter begins with common client questions, followed by comprehensive legal analysis, including detailed planning notes, examples, and practical advice. This volume analyzes all relevant case law and legislation and explains the numerous and often complex administrative steps required to achieve the client's goals. The volume is national in scope, and includes state-specific discussions of significant deviations from the federal rules. Convenient cross-references to Tax, Estate & Financial Planning for the Elderly: Forms & Practice, the companion forms set, lead to sample forms and checklists for every practice need. This publication offers simple, direct guidance through the myriad regulations, forms, and agencies encountered in an elder law practice. Expert commentary offers easy-to-find, easy-tounderstand answers to common elder law questions, and practice notes highlight key practice tips. Trust - Qualified Personal Residence Trust - Grantor Retained Income Trust - Grantor Retained Annuity Trust - Grantor Retained Unitrust - Incentive Trust - Offshore Trust - Asset Protection Trust Short-Term Trust - Pet Trust Part III Corporate Trusts Rabbi Trust - Secular Trust Part IV Alternate Trust Language and Selected Planning Issues Alternative Trust Language - Selected Planning Issues Part V Alternate Trust Language and Selected Planning Issues Funding Trusts - Appendices Understanding Trusts and Estates, Third Edition, 2003 Roger W. Andersen, Professor of Law, University of Toledo College of Law $37.00 Matthew Bender ISBN 0820557269 2003 This new edition updates a text praised by students and professors alike. The author offers a concise yet comprehensive overview of the law governing wills, trusts, and future interests. Understanding Trusts and Estates engages students with clear writing, realistic examples, and helpful graphic representations of present and future interests. By integrating the Uniform Probate Code, the Uniform Trust Code and the new Restatements into discussions of traditional doctrine, this treatise promotes a thorough understanding of both fundamental and current issues. In addition to explaining basic concepts and significant cases and statutes, this text provides step-by-step tools for analyzing topics as diverse as spousal election, future interests and slayers' statutes. Footnotes increase student understanding by providing internal cross-references and additional examples. Citations to journals, treatises, and current books aid further research. We The People's Guide to Estate Planning: A Do-It-Yourself Plan for Creating a Will and Living Trust Ira Distenfield, Linda Distenfield, Bill Lockyer (Foreword by) ISBN 978-0-471-71667-9 Paperback 320 pages May 2005 £12.99 No lawyers. Save money. We The People is America's largest legal document services company. Dedicated to helping every American avoid the high cost of legal fees, We The People gives you the information you need to handle your own legal filings quickly, easily, and inexpensively. Hundreds of thousands of Americans have already liberated themselves from the tyranny of attorneys' fees—and now you can too! We The People's Guide to Estate Planning makes planning for your future as painless as possible—all without the added hassle of hiring a lawyer. This practical, nuts-and-bolts guide covers all the basics of do-it-yourself estate planning, and covers everything you need to know about living trusts, wills, probate, and estate taxes. Extra resources—a glossary of estate planning terminology; a section on frequently asked questions; samples of effective living trusts and a last will and testament; as well as worksheets and essential information on how to settle an estate—make this the best resource available for this important step in planning for the future. You'll have all the information you need to understand the legal language of a will or living trust and learn how to seek statespecific laws and customs so you can tailor your plans accordingly. In addition, you can download sample documents from which you can create your own. Inside, you'll learn all the basics and more: Whether you need a living trust, a will, or both Creating a valid last will and testament Designating a successor trustee or executor to an estate Deciding who gets what—and making sure they do Setting up a living trust and funding it with assets Understanding durable power of attorney documents and living wills Tax-saving tips that help you leave more for your beneficiaries Getting to know (in plain English) the legal language of your will or living trust Where to download sample documents Settling an estate with or without a valid will or living trust It's important to take care of the ones you love after you're gone. But if your estate planning isn't done clearly, precisely, and legally, you could end up creating more problems for your survivors than you solve. Do it right, do it inexpensively, and do it yourself—with We The People's Guide to Estate Planning. Trusts William W. Brown Book with CD-ROM $266.00 Clark Boardman Callaghan Pages : 765 1 CD-ROM + 1 Print Update Frequency: Annually Organized into easy-to-use categories: revocable, irrevocable, and corporate trusts Alternative Trust Language and Selected Planning Issues, with Practice Notes Appendices contain tables necessary for drafting GRIT trusts Includes extended discussion on trust funding This text provides more than 30 trusts conveniently organized into three easy-to-use categories—revocable, irrevocable, and corporate trusts. Helps you determine when each trust should be used based on your client's needs and circumstances. Every trust form is accompanied by useful and insightful commentary that defines the trust; discusses when it should be used; outlines its requirements; provides practice notes, tips, and examples of use; and analyzes the tax implications. Includes optional Forms on CD-Rom containing all of the trusts in Rich Text Format (RTF). Contents: Part I Revocable Trusts Marital Deduction Trust - Marital Perpetuity Trust - Cryogenic Trust - Credit Shelter Trust - Two Party Credit Shelter Trust - Qualified Domestic Trust Part II Irrevocable Trusts Irrevocable "Crummey" Life Insurance Trust - Irrevocable Perpetuity Crummey Trust - Irrevocable "Cross Crummey" Trust Irrevocable Generation Skipping Trust - Dynasty Trusts - Education Trust - Supplemental Needs Trust - Special Needs Trust Charitable Remainder Trust - Charitable Remainder Unitrust (Real Estate) - Charitable Remainder Annuity Trust - Charitable Lead 19 Wills, Trusts, and Estates, Seventh Edition Jesse Dukeminier, Stanley M. Johanson, James Lindgren, Robert H. Sitkoff $120.00 Published: 4/29/2005 ISBN 9780735536951 Hardcover Good news for students and instructors in Wills, Trusts, and Estates the Seventh Edition of the venerable casebook created by Dukeminier and Johanson is now available. Long recognized as one of the best casebooks written for any course, Wills Trusts, and Estates, Seventh Edition, benefits from the scholarship and insight of new co-authors James Lindgren and Robert H. Sitkoff. In preparing the Seventh Edition, the authors remained true to the features that have made Wills, Trusts, and Estates a long-time favorite of law students and law professors such as:  The late Jesse Dukeminier's unique blend of wit, erudition, insight, and playfulness  Coverage of all key topics, clearly and logically organized  Human-interest cases that are engaging to read and enjoyable to teach  Well-written notes, questions, and problems that enhance the cases and connect them to broader legal principles  Cartoons, illustrations, and photographs that provide humor and visual commentary  Comprehensive Scrupulously revised to maintain currency in all aspects of Wills, Trusts, and Estates law, the Seventh Edition includes:  Updates reflecting the ALI's and NCCUSL's recent law reform efforts such as the Restatement (Third) of Trusts; the Uniform Trust Code (including 2004 amendments); Restatement (Third) of Property, Wills and Other Donative Transfers; and the Uniform Disclaimer of Property Interests Act  Important new case law on the inheritance rights of posthumously-conceived children; will execution formalities; reformation of wills and trusts for mistake; domestic and offshore self-settled asset protection trusts; and donor enforcement of charitable trusts  Enhanced coverage of current topics of interest including the inheritance rights of samesex partners; fiduciary administration and trust-investment law; and the continuing erosion of the Rule against Perpetuities  Updated tax coverage including the Economic Growth and Tax Relief Reconciliation Act of 2001 Table of Contents Introduction to Estate Planning. Intestacy: An Estate Plan by Default. Wills: Capacity and Contests. Wills: Formalities and Forms. Nonprobate Transfers and Planning for Incapacity Construction of Wills. Restrictions on the Power of Disposition: Protection of the Spouse and Children. Trusts: Creation and Characteristics. Building Flexibility into Trusts: Powers of Appointment. Construction of Trusts: Future Interests. Trust Duration and the Rule Against Perpetuities. Charitable Trusts. Trust Administration: The Fiduciary Obligation. Wealth Transfer Taxation: Tax Planning 20