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Third volume of Restatement of Property published

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Attorneys and judges now have more scholarly guidance on wills and other donation-related issues in civil law, after a national organization released its third and final volume of the Restatement (Third) of Property: Wills and Other Donative Transfers.

A set of treatises on legal subjects meant to inform lawyers and judges about general principles of common law, the Restatements of the Law series is published by the American Law Institute. This volume’s completion marks the end of a 20-year project to update the U.S. law of wills and succession. The last updates were in 1999 and 2003.

Courts throughout the world, as well as lawyers, legislators and law professors, regularly refer to the various volumes of the Restatements and judges frequently cite the text in their judicial opinions.

Specifically, the new 757-page hardbound text provides a detailed account of rules governing class gifts, powers of appointment, future interests and perpetuities.

The class-gift rules respond to legal problems that have arisen from recent scientific breakthroughs in reproductive technology, resolving the succession implications of posthumous conception, surrogate motherhood, and sperm and egg donations. The work provides a comprehensive treatment of the rules governing powers of appointment and concludes with a simplified formulation of the rule against perpetuities. The Restatement supplies a strongly principled explanation of the reasons for limiting dead-hand control of property.

Among the innovations endorsed in the new volume are rules excusing harmless errors in compliance with the formal requirements for wills and gifts and permitting a court to reform the text of a will or other donative document in a case of mistake, as when a drafter or typist accidentally deletes or misrenders an intended term.

 

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  1. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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