Restatement of the Law 3d. Property Wills... Donative Transfers 3 vols
Restatement of the Law Third. Property (Wills and Other Donative Transfers). Reporter: Lawrence W. Waggoner, University of Michigan Law School; Associate Reporter: John H. Langbein, Yale Law School. American Law Institute Law Publishers, 1999-2015. 3 Volumes. Hardbound. New. Publisher's Price USD 583. Special $195. * The first volume offers a comprehensive treatment of the law of probate transfers. Technically sophisticated and socially alert, it supersedes and considerably expands upon the material on wills found primarily in Chapter 33 of the prior Restatement and includes extensive coverage of intestate transfers as well. Drawing significantly and substantially on contemporary statutory developments and recognizing the close relationship between statute and decisional law in this field, the volume articulates rules for probate transfers that seek to effectuate the evident or presumed donative intentions of the deceased to the fullest extent permitted by law, while providing safeguards against the defeat of those intentions by fraud or mistake. The Restatement's harmless-error rule generalizes from developments that have occurred in several legal systems, from New Jersey to South Australia. The volume is updated by a cumulative annual pocket part. The second volume contains the complete text of Divisions II, III, and IV of the new Restatement. This volume begins by restating the law of nonprobate transfers, including both gifts of personal property and will substitutes such as life insurance, pensions, and employee-benefit accounts. It continues with a consideration of protective doctrines such as undue influence, mental incapacity, and minority, as well as of rules for protecting surviving spouses and of the effect of premarital and marital agreements. The final division collects in one helpful place the vitally important rules and principles for ascertaining a donor's intent within the terms of the relevant donative document, and for determining whether it is possible to reform or modify the document to clearly reflect that intent. Topics here include the type of evidence that can be considered in determining intent, techniques for resolving ambiguities, and doctrines aimed at correcting evident mistakes and achieving the donor's tax objectives. Volume 3 (2011) takes up class gifts, powers of appointment, present and futur.
Book number 75842