Estates, future interests, and powers of appointment in a nutshell

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Where to find it

Law Library

Call Number
KF605 .W332 2018 v.c.1
Status
Available
Call Number
KF605 .W332 2018 v.c.2 c. 2
Status
Available

Authors, etc.

Names:

Summary

This comprehensive guide provides an overview of the rules and principles of estates and future interests, including concurrent estates, marital estates (including the modern elective share), and powers of appointment. It includes new innovations from the Restatement 3d of Property, modernizing the law of future interests and dramatically changing the Rule Against Perpetuities. With respect to powers of appointment, the book incorporates the clarifications and modernizations of the law in the Restatement 3d of Property and the Uniform Powers of Appointment Act (2013, with subsequent amendments). The book also has exercises, with answers at the back. Valuable for students in first-year Property and upper-year courses in Trusts and Estates.

Contents

Introduction to estates and future interests -- Classifying possessory estates (a.k.a. present interests) -- Classifying future interests -- Two consequences of the classification of future interests -- The rule against perpetuities -- Three other rules governing future interests -- Marital estates at common law -- Modern protections for the surviving spouse -- Concurrent estates -- A primer on powers -- Who owns the appointive property? -- Exercising a power -- Effectiveness of the appointment -- Powers and the rule against perpetuities.

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