Papers of the International Academy of Estate and Trust Law 2000

Papers of the International Academy of Estate and Trust Law 2000
Author: International Academy of Estate and Trust Law
Publisher: Springer
Total Pages: 326
Release: 2001-12-21
Genre: Law
ISBN:

This book contains the reflections of members of the International Academy of Estate and Trust Law comprising the proceedings of their meeting in Berlin in May 2000. In the present volume academicians dissect four topics: (1) Settlement of disputes in estate and trust matters through arbitration and alternative dispute resolution; (2) Major transnational legal issues (non-tax) in testamentary matters: the effect of the Hague convention on succession to the estates of deceased persons; (3) Responsibility of tax advisors: the borderline between optimal and abusive planning; and (4) Recent developments in offshore trusts from a common law and civil law viewpoint.

The International Academy of Estate and Trust Law:Selected Papers, 1997-1999

The International Academy of Estate and Trust Law:Selected Papers, 1997-1999
Author: International Academy of Estate and Trust Law
Publisher: Springer
Total Pages: 1002
Release: 2001-02-20
Genre: Law
ISBN:

This challenging, varied collection of articles is a reflection of the wide range of interests held by estate and trust lawyers today. The issues discussed here include: law in the context of an estate or trust control over the body itself, including the 'futuristic' issue of the status of frozen embryos in relation to an estate broad 'trusts' issues, including the place and nature of the trust in both civil and common law jurisdictions the resolution of family property concerns in relation to matrimonial law, forced heirship laws, or family provision on death. Other articles consider practical questions such as transnational tax planning, planning for the transition of a family business on death, retirement planning and the management of collective investments. The work takes a comparative approach, examining each issue from the perspective of a number of different jurisdictions. This collection arises from the annual meetings and discussion of members from the International Academy of Estate and Trust Law. It will be of great interest to researchers, academics, practitioners, law reform bodies, governmental groups and their advisers working in this complex and varied field of law.

Estates, Taxes, and Professional Ethics

Estates, Taxes, and Professional Ethics
Author: International Academy of Estate and Trust Law. Conference
Publisher: Kluwer Law International B.V.
Total Pages: 246
Release: 2003-01-01
Genre: Law
ISBN: 9041122230

Part 1. Trusts and taxes Italian style. Introduction: Trusts--some observations from a civil law perspective / Maurizio Lupoi ; Trusts and company law--the Italian experience / Edoardo Andreoli ; Trusts and income taxes in Italy / Guglielmo Maisto ; Analysis of indirect taxation on transfers of trust property in Italy / Paolo Gaeta -- pt. 2. Death and gift taxes, including cross-border issues. Introduction: Overview and comparative reflections / Ian V. Gzell ; Special considerations in US-Canada estate planning / Wolfe D. Goodman ; Inheritance and gift taxes--France / Laurent G. Chambaz ; Death and gift taxes : a view from Switzerland / Richard F.G. Pease ; Death and gift taxes--United States / Erik J. Stapper -- pt. 3. Debate: Should Utopia introduce an inheritance tax? Introduction: To tax or not to tax : that was the debate / Barbara R. Hauser ; Estate tax : an argument in favor of working toward equality, justice and common sense through a system of estate taxation / Joseph Kartiganer and Michael Sedlaczek ; Death taxes : unfair and inefficient / Timothy G. Youdan ; Death taxes for Utopia? : a case in the negative / Jürgen Killius -- pt. 4. Ethical issues in estate planning. Introduction / Bruce S. Ross ; Ethical guidelines for the estates and trusts lawyer : the ACTEC commentaries on the Model Rules of Professional Conduct and notes on ethics 2000 / Bruce S. Ross ; Conflict of interest and professional obligations in estate and trust law : an English perspective / Michael Jacobs ; Conflict of interest and professional obligations in probate actions in Germany / Andreas Frieser ; Rules of conduct for estate planners and ethical issues in estate planning in The Netherlands / Hendrik M. Sasse.

Trusts and Equity

Trusts and Equity
Author: Gary Watt
Publisher: Oxford University Press, USA
Total Pages: 668
Release: 2020
Genre: Law
ISBN: 0198854145

Now in its ninth edition, Trusts & Equity continues to lead students on an engaging and illuminating journey through this fascinating field of law. Drawing on years of experience as a teacher, writer, and researcher, Gary Watt brings a lively, enthusiastic approach to the subject in this detailed text. Brings the subject to life through engaging cultural and historical references, placing the law within its wider commercial and social contexts, Informs the study of trusts and equity from the perspectives of precedent, principle, policy, and pragmatism, Key concepts are outlined with clarity and rigour to encourage critical thinking and understanding Book jacket.

Families and Estates

Families and Estates
Author: International Academy of Estate and Trust Law. Annual Conference
Publisher: Kluwer Law International B.V.
Total Pages: 310
Release: 2005-01-01
Genre: Law
ISBN: 9041123784

This book focuses upon two themes: the definition of 'family' and the impact of the expansion of the concept of 'family' in law: and family fights over wills and estates - what recourse family members may have in challenging an estate. The first part, `The challenge of the "new family" for Law', considers the challenge both in the inter vivos and the postmortem contexts in the United States, Canada, France, the United Kingdom, Australia and New Zealand. A particular focus is upon the dramatic expansion of the definition of family from the traditional nuclear family consisting of a husband, wife and their mutual children to a definition that includes unmarried heterosexual and same sex couples living together and, in some jurisdictions to new kinds of companionate partnerships that are not based on a sexual relationship. In some jurisdictions such developments are simply an expression of sharing responsibility by allocating it in the private domain, as opposed to the public potentially through social welfare; in others, particularly in the United States, it is a defence of fundamental institutions and, with it, a defence of society itself. The second part, 'Family fights over wills and estates', examines the law in Australia, Switzerland, France, Mexico, and the United Kingdom. Its comparison of civil and common law approaches shows how the law expresses the same principle objects - protection of family and obligations towards key family members - but does so from entirely different perspectives; and where the common law which enshrined the notion of testamentary freedom is being qualified through the expanding domain of family provision legislation, the civil law which is based on codified shares and allocated responsibilities expressed through proportionate entitlements in estates, is being qualified through a range of disqualifying and varying mechanisms.

The Hague Trusts Convention

The Hague Trusts Convention
Author: Jonathan Harris
Publisher: Bloomsbury Publishing
Total Pages: 578
Release: 2002-05-04
Genre: Law
ISBN: 1847310664

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.

Private Law in the International Arena

Private Law in the International Arena
Author: Jürgen Basedow
Publisher: Cambridge University Press
Total Pages: 950
Release: 2000-09
Genre: Law
ISBN: 9789067041249

Private Law in the International Arena analyzes a wide variety of effects that cross-border activities have on the operation of private law, ranging from corporate and insolvency law to labor law, property law, the law of obligations, family law, European law and lex mercatoria. Civil procedure aspects, in national courts and arbitration proceedings, are also explored. This book provides a unique source of insights into the problems encountered and their possible solutions. All contributions have been written in honor of an eminent Private International Law scholar, Prof. Dr Kurt Siehr.

Monthly Bibliography

Monthly Bibliography
Author: United Nations Library (Geneva, Switzerland)
Publisher:
Total Pages: 438
Release: 2002
Genre: International relations
ISBN:

Trusts and Equity

Trusts and Equity
Author: Gary Watt
Publisher: Oxford University Press
Total Pages: 654
Release: 2024-04
Genre:
ISBN: 0192869639

Trusts & Equity continues to offer a comprehensive and user-friendly approach, providing a concise route through what can be a challenging area of the law. Drawing on years of experience, Gary Watt encourages students to actively engage with the subject and think critically about its central issues, outlining the key perspectives with clarity and rigour.Digital formats and resourcesThis edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources.- The e-book offers a mobile experience and convenient access along with functionality tools, navigation features, and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks- The online resources include:· Video lectures presented by Gary Watt, providing an introduction to key areas of debate within the subject· Essay questions and problem scenarios with accompanying answer guidance, along with general guidance on answering these kinds of questions to enable you to improve· Web links to further primary sources and commentary to aid your understanding· Flashcard glossary to help test your knowledge of key terms