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Vol 21 No 11 Nov/Dec 2016

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The International Academy of Estate and Trust Law

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ISBN13: 9789041197962
ISBN: 9041197966
Published: December 0002
Publisher: Kluwer Law International
Format: Hardback
Price: £170.00



This collection of articles is a reflection of the wide range of interests held by estate and trust lawyers. The issues discussed include: art law in the context of an estate or trust; questions of 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; and 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.

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Contents:
Presidential Foreword; J.-C. Goldsmsith. Editor's Preface; R. F. Atherton. Part I. Notes on Trusts: Introduction; D. Hayton.
1. An Historic Overview of the Evolution of Trusts; R. C. Lawrence, III.
2. French Attitude Towards Trusts; C. Deneuville.
3. The Trustee in a Civil Law Country: The Case in Switzerland; J. P. Thorens.
4. The Civil Law Trust; M. Lupoi.
5. Treuhand versus Trust in Germany; G. M. Pollzien.
6. English Trust Law Problems and Pitfalls for Trustees and Fiduciaries; D. Hayton.
7. Indemnities in Wills and Trust Instruments; J. L. Wyatt, Jr., E. J. Walch. Part II. Retirement Planning and Collective Investments: Introduction; L. Mezzullo.
8. A Primer on Social Security in the United States and Elsewhere; J. L. Wyatt, Jr.
9. Retirement Arrangements in England and Wales and the Trust Dimension; G. A. Shindler.
10. Public Employee Retirement Systems in the United States: A Special Kind of Trust; J. L. Wyatt, Jr.
11. Rights of Creditors to Retirement Plan Assets in the United States; K. B. Friedman.
12. Retirement Arrangements in Australia; M. J. Walsh.
13. Pension Funds: International Planning Issues; M. Chadwick Holt.
14. An Overview of Collective Investments in the United States; M. L. Barasch.
15. The Regulation of Collective Investment Funds in the UK; V. Younghusband, Y. Gallagher.
16. Investment Funds in Switzerland; M. Karrer.
17. The Regulation of Collective Investment Funds in Australia; I. Warner. Part III. Tax Planning for Immigrants and Expatriates: Transnational Planning: Introduction; M. Gutierrez.
18. Tax Planning Opportunities for Immigrants and Expatriates: The Canadian Perspective; W. D. Goodman.
19. Tax Planning Opportunities for Immigrants and Expatriates: The United States Perspective; C. S. McCaffrey.
20. Tax Planning Opportunities for Immigrants and Expatriates: The United Kingdom Perspective; E. Mellor.
21. Tax Planning Opportunities for Immigrants and Expatriates: The View from France; F. Tripet. Part IV. Planning the Succession of the Family Business. Introduction; R. C. Lawrence, III..
22. Planning for the Succession of the Family Business in the United States; R. C. Lawrence, III.
23. Transition of the Family Business on Death in France; J. -C. Goldsmith.
24. Transition of the Family Business on Death: The View from Liechtenstein; E. J. Walch.
25. Planning for the Succession to the Family Business in Switzerland; A. Necker.
26. Planning for the Succession to the Family Business in the United Kingdom; R. M. Moyse. Part V. Bodies, Death and Incapacity. Introduction: R. F. Atherton.
27. The Hague Convention on the International Protection of Adults; F. A.A. Duynstee.
28. Medical Advance Directives: Ruminations on a Late 20th Century Convergence of Legal and Medical Ethics; J. W. Buchanan, S. Fox Buchanan.
29. The Elderly, their Estate Planners, Ethics, and Estate Planning Imbroglio: Exploitation and Abuse of Elders in the United States; R. P. Dupont.
30. Bodies, Death and Incapacity: An Overview of Australian La