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The Restatements of the Law is one of the most respected and well-used sources of secondary authority, covering nearly every area of common law. While considered secondary authority (compare to primary authority), the authoritativeness of the Restatements of the Law is evidenced by their acceptance by courts throughout the United States.
A trust account's entire investment portfolio is considered when determining the prudence of an individual investment. Under the Prudent Investor Act standard, a fiduciary would not be held liable for individual investment losses, so long as the investment, at the time of acquisition, is consistent with the overall portfolio objectives of the ...
The doctrine of acts of independent significance at common law permits a testator to effectively change the disposition of his property without changing a will, if acts or events changing the disposition have some significance beyond avoiding the requirements of the will.
The final text of the Uniform Trust Code (UTC) was approved by the ULC commissioners in August 2000. The American Bar Association's House of Delegates officially endorsed the UTC in February 2001. The following months saw the finalization of detailed interpretive comments in April 2001 and minor clean-up revisions in August 2001. [ 2 ]
Halvard placed all the property that he wanted in the trust, including the real property into an attachment to his trust document titled "Schedule A". During drafting a piece of property was mislabeled as "Partnership interest in 100 Independence Drive, Menlo Park, California .", in which Halvard had an undivided 34.78% interest as a tenant in ...
In estate and trust law, it is a provision in a will or trust that prevents the vesting of a gift or bequest until something occurs or fails to occur, e.g. the attainment of a certain age or the predecease of another person. For comparison, a condition subsequent brings a duty to an end whereas a condition precedent initiates a duty.
An Ultra Trust is a legal entity with special provisions, benefits, and limitations created and drafted by an attorney who has expertise in debtor—creditor law, income tax law, gift tax law, estate tax law, as well as trust law. The purpose of an Ultra Trust is to reposition assets from a person's legal ownership to limit one's exposure to ...
In American law, the Restatement (Second) of Contracts Sec. 154 deals with this scenario. This is easily confused with mutual assent cases such as Raffles v Wichelhaus . [ 9 ] In Raffles , there was an agreement to ship goods on a vessel named Peerless , but each party was referring to a different vessel.
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