The Law of Trusts

The use of testamentary trusts is becoming an important part of estate planning. As a result, students who want to make a living as probate attorneys will need to know how trusts fit into estate planning. In addition, bar examiners realize that it is important for students to have a basic knowledge...

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Bibliographic Details
Main Author: Lewis, Browne C. (Author)
Format: Electronic eBook
Language:English
Published: [Place of publication not identified] CALI's eLangdell® Press [2013]
Series:Open textbook library.
Subjects:
Online Access:Access online version
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Table of Contents:
  • Chapter 1 - The Capacity to Create a Testamentary Trust
  • 1.1. Parties Involved in a Trust Arrangement
  • 1.2. Testamentary Capacity
  • Chapter 2 - Creation of a Private Trust
  • 1.2 Intent to Create a Trust
  • 2.2 Requirement of Trust Property
  • Edwards v. Edwards
  • 2.3 Necessity of Trust Beneficiaries
  • Chapter 3 - Categories of Private Trusts
  • 3.1. Private Expressed Trusts
  • 3.2. Trusts Created By Operation of Law
  • Chapter 4 - Discretionary and Support and the Rights of the Beneficiary'sCreditors
  • 4.1 Discretionary Trusts
  • 4.2. Support Trust
  • Chapter 5 - Spendthrift Trusts and Creditors
  • 5.1 Expressed Spendthrift Trust
  • 5.2 Implied Spendthrift Trust
  • 5.3 Creditors
  • Chapter 6 - Modification and Termination of Trusts
  • 6.1 Termination
  • 6.2 Claflin and Material Purpose
  • 6.3 Deviation and Changed Circumstances
  • 6.4 Removal of the Trustee
  • Chapter 7 - Creation and Modification of Charitable Trusts
  • 7.1 Creation of the Charitable Trust
  • 7.2 Modification/Cy Pres
  • Chapter 8 - Supervision/Enforcement of Charitable Trusts
  • 8.1 Donor Standing
  • 8.2 Beneficiary Standing
  • Chapter 9 - Treatment of Trust Property
  • 9.1 The Duty to Collect and Protect Trust Property
  • 9.2 The Duty to Earmark Trust Property and to Not Comingle Trust Funds
  • 9.3 The Duty Not to Delegate
  • 9.4 Duty of Prudence
  • Chapter 10 - Duty of Loyalty
  • Chapter 11 - Duty of Impartiality
  • Chapter 12 - Duty to Account and Inform
  • 12.1 To Account
  • 12.2 To Inform
  • 12.3 The Trustee's Liability