Wills Trust & Estates: Emanuel Law Outline, Keyed to Dukeminier & Johanson

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Relied on by generations of law school students, the Emanuel Law Outlines include detailed reviews of critical issues and key topics, short answer questions, Q&A's, and correlation charts referencing leading casebooks.

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Overview

Relied on by generations of law school students, the Emanuel Law Outlines include detailed reviews of critical issues and key topics, short answer questions, Q&A's, and correlation charts referencing leading casebooks.

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Product Details

  • ISBN-13: 9780735534407
  • Publisher: Wolters Kluwer Law & Business
  • Publication date: 10/1/2002
  • Series: Emanuel Law Outlines Series
  • Edition description: Dukeminier
  • Edition number: 1
  • Pages: 346

Table of Contents

Preface
Casebook Correlation Chart
Capsule Summary
Ch. 1 Introduction to Wills, Trusts, and Estates
I The Power to Transfer Property at Death 1
II "Dead Hand" Control 3
III Who Takes Decedent's Property: An Overview 5
IV The Probate Process: An Overview 7
V Estate Planning 10
Ch. 2 Intestacy: The Default Distribution Scheme
I The Intestate Distribution Scheme 18
II Surviving Spouse: Who Qualifies 20
III Surviving Spouse: Calculating Share 23
IV Issue: Calculating Shares 25
V Shares of Ancestors and Remote Collaterals 31
VI Issue: Who Qualifies 34
VII Bars to Succession 42
Ch. 3 Testamentary Capacity
I General Testamentary Capacity 56
II Insane Delusion 57
III Undue Influence 60
IV Fraud 65
Ch. 4 Wills Execution, Revocation, and Scope
I Executing a Valid Will 74
II Common Law Approach to Attested Wills 74
III Modern Trend Approach to Attested Wills 80
IV Holographic Wills 83
V Revocation 85
VI Scope of a Will 92
VII Contracts Concerning Wills 96
Ch. 5 Will Substitutes: Nonprobate Transfers
I Overview to the Will Substitutes 114
II Contracts with Payable-on-Death Clauses 115
III Multiple Party Bank Accounts 117
IV Joint Tenancies 120
V Inter Vivos Trusts 121
VI Pour-over Wills and Inter Vivos Trusts 124
VII Planning for the Possibility of Incapacity 131
Ch. 6 Construing Wills
I Admissibility of Extrinsic Evidence: General Rule 142
II Scrivener's Error 146
III Changes in the Beneficiary 147
IV Changes in Testator's Property 154
Ch. 7 Limitations on the Testamentary Power to Transfer
I Spousal Protection Schemes: An Overview 168
II Surviving Spouse's Right to Support 168
III Surviving Spouse's Right to a Share of the Marital Property 170
IV The Elective Share Doctrine: Policy Considerations 172
V The Elective Share: Doctrinal Considerations 175
VI Community Property 179
VII The Omitted Spouse 181
VIII The Omitted Child 184
Ch. 8 Trusts: Creation, Life, and Termination
I Conceptual Overview 196
II Requirements to Create a Valid Trust 200
III Life of Trust: Extent of Beneficiaries' Interests 209
IV Life of Trust: Creditors' Rights/Spendthrift Clauses 212
V Trust Modification and Premature Termination 216
Ch. 9 Powers of Appointment: Discretionary Flexibility
I Introduction 230
II Creating a Power of Appointment 233
III Releasing a Power of Appointment 234
IV Exercising a Power of Appointment 235
V Attempted Appointment that Fails 237
VI Failure to Exercise a Power of Appointment 238
Ch. 10 Construing Trusts: Future Interests and Class Gifts
I Future Interests 244
II Preference for Vested Remainders 247
III Class Gifts 253
Ch. 11 The Rule Against Perpetuities
I Introduction 266
II Classic Rule against Perpetuities Scenarios 269
III Class Gifts and the Rule against Perpetuities 270
IV Powers of Appointment and the Rule against Perpetuities 272
V The Rule against Perpetuities Saving Clause 274
VI Reforming the Rule against Perpetuities 274
VII Rule against Suspending the Power to Alienate 276
Ch. 12 Charitable Trusts
I Charitable Purpose 283
II Cy Pres 285
III Enforcing the Terms of a Charitable Trust 286
Ch. 13 Trust Administration and the Trustee's Duties
I Trustee's Fiduciary Duties 292
II Trustee's Powers 299
III Trust Investments 300
IV Trustee's Liability to Third Parties 303
Ch. 14 Estate and Gift Taxes
I Overview 310
II The Federal Gift Tax Scheme 311
III The Federal Estate Tax: An Overview 315
IV Calculating the Decedent's Gross Estate 316
V The Marital Deduction 320
VI The Generation-Skipping Transfer Tax 323
VII State Death Taxes 325
Table of Cases 333
Index 337
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