Store International Papers of the International Academy of Estate & Trust Law 2001

Papers of the International Academy of Estate & Trust Law 2001

By Rosalind F. Atherton


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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–highlight 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 organisations 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, the third published by Kluwer Law International, 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 outstanding 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.

Last Updated 08/01/2002
Update Frequency As Needed
Product Line Kluwer Law International
ISBN 9789041198808
SKU 10058366-0002
Table of Contents
Presidential Foreword Robert C. Lawrence III, Editor's Preface Rosalind F. Atherton, Notes on Authors Part I: Philanthropy - A Comparative Study of the Treatment of Charities in Major Western Countries Introduction Henry Christensen, III 1. Introduction to the Treatment of Charities in the United States Henry Christensen III 2. Canadian Perspectives on Charities and Not-for-Profit Activities John M. Fuke, Mary Anne Bueschkens and Tamara Johnson 3. Philanthropy - An Australian Perspective The Hon. Justice Ian V. Gzell QC 4. Philanthropy - A Scottish Perspective Simon A. Mackintosh 5. Philanthropy in Swiss Legal Institutions Dr. Alfred Necker Part II: Incapacity Introduction Mal L. Barasch 1. Issues of Capacity under New York Law Mal L. Barasch 2. Incapacity of Testator, Donor, or Trustor - a View from California Charles G. Stephenson 3. Capacity with respect to Contracts and Wills - a German Report Dr. Andreas Frieser 4. Incapacity in French Law Caroline Deneuville 5. Legal Capacity - the Perspective of Scotland Scott A. Rae Part III: Creditors' Rights in Trust or other Managed Funds Introduction Professor David 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 Louis A. Mezzullo and Katherine J. Ramsay 3. Creditors' Rights Against Trustees and Trust Funds in Switzerland Bernard Haissly 4. Creditors' Rights in Managed Assets in Italy Professor Maurizio Lupoi Part IV: Debate - Testamentary Freedom v. Forced Heirship Introduction Professor Michael McAuley 1. Pro Portione Legitima - A Polemic in Defence of Children as Heirs-at-Law Professor Michael McAuley 2. Forced Heirship for Utopia: A Solution in Search of a Problem Professor Stanley M. Johanson 3. Testamentary Freedom: A Motherhood Statement Professor Rosalind F. Atherton 4. Revocable Living Trusts in the United States Professor Edward C. Halbach, Jr. Index