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Vol 21 No 11 Nov/Dec 2016

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Papers of the International Academy of Estate and Trust Law

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ISBN13: 9789041198808
ISBN: 9041198806
Published: August 2002
Publisher: Kluwer Law International
Format: Hardback
Price: £135.00



More than merely an assembly of commentators and interpreters, the International Academy of Estate and Trust Law is a prestigious body that effects real change in courts, law reform commissions and governmental agencies. Its membership - including solicitors, barristers, notaries, judges and scholars, all experts in trusts, estate and inheritance law and/or tax law - highlights the contrasts and comparisons between the pertinent laws of civil and common law jurisdictions.;This volume records the May 2001 conference in San Francisco, which focused on four main topics: the regulation of charitable organizations in major Western countries; the rules governing capacity to enter into transactions affecting property; the ability of creditors to reach assets that are held on behalf of another; and the issue of testamentary freedom versus forced heirship.;This yearbook signals a departure from earlier volumes in that the papers under the fourth topic are after-the-fact essays, reflecting arguments and points of view originally presented in a debate between the four authors. As always, this annual continues to offer perspectives on issues of direct and immediate concern for both civil law and common law jurisdictions, and to engage the deep interest of researchers, academics, practitioners, law reform bodies, governmental groups and their advisers working in this complex and varied field of law.

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Contents:
Presidential Foreword; R.C. Lawrence, III. Editor's Preface; R.F. Atherton. Notes on Authors. Part I: Philanthropy--A Comparative Study of the Treatment of Charities in Major Western Countries. Introduction; H. Christensen, III.
1. Introduction to the Treatment of Charities in the United States; H. Christensen, III.
2. Canadian Perspectives on Charities and Not-for-Profit Activities; J.M. Fuke, M.A. Bueschkens, T. Johnson.
3. Philanthropy--An Australian Perspective; The Hon. Justice Ian V. Gzell QC.
4. Philanthropy--A Scottish Perspective; S.A. Mackintosh.
5. Philanthropy in Swiss Legal Institutions; A. Necker. Part II: Incapacity. Introduction; M.L. Barasch.
1. Issues of Capacity under New York Law; M.L. Barasch.
2. Incapacity of Testator, Donor, or Trustor--A View from California; C.G. Stephenson.
3. Capacity with Respect to Contracts and Wills--A German Report; A. Frieser.
4. Incapacity in French Law; C Deneuville.
5. Legal Capacity--The Perspective of Scotland; S.A. Rae. Part III: Creditors' Rights in Trust or Other Managed Funds. Introduction; D.J. Hayton.
1. Debts and Liabilities Incurred by Executors and Trustees--an Australian Perspective; The Hon L.J. Priestley QC.
2. Creditors' Rights Against Trustees and Trust Funds in the United States; L.A. Mezzullo, K.J. Ramsay.
3. Creditors' Rights Against Trustees and Trust Funds in Switzerland; B. Haissly.
4. Creditors' Rights in Managed Assets in Italy; M. Lupoi. Part IV: Debate--Testamentary Freedom v. Forced Heirship. Introduction; M. McCauley.
1. Pro Portione Legitima--A Polemic in Defence of Children as Heirs-at-Law; M. McCauley.
2. Forced Heirship for Utopia: A Solution in Search of a Problem; S.M. Johanson.
3. Testamentary Freedom: A Motherhood Statement; R.F. Atherton.
4. Revocable Living Trusts in the United States; E.C. Halbach, Jr.