†Restatement of the Law Third, Property
(Wills and Other Donative Transfers)

Property (Wills and Other Donative Transfers 3d (vols. 1-2)

vol. 1 xxiv, 500 pp., 1999, hardbound Order Code 6133, $95 -- Order this item

vol. 2 xxviii, 513 pp., 2003, hardbound, Order Code 1R3WDTV2OT, $98 -- Order this item

volumes 1 and 2 (complete in one volume) softbound, Order Code 1R3WDTV12OTS, $75-- Order this item

Order both Restatements, softbound, Order Code 1R3WDTTROTSK, at the special price of $135 – $67.50 per volume – a $15 savings -- Order this item

This first volume of this Restatement that will eventually replace Restatement Second, Property (Donative Transfers), offers a comprehensive treatment of the law of probate transfers. Technically sophisticated and socially alert, it supersedes and considerably expands upon the material on wills found primarily in Chapter 33 of the prior Restatement and includes extensive coverage of intestate transfers as well.

Drawing significantly and substantially on contemporary statutory developments and recognizing the close relationship between statute and decisional law in this field, the volume articulates rules for probate transfers that seek to effectuate the evident or presumed donative intentions of the deceased to the fullest extent permitted by law, while providing safeguards against the defeat of those intentions by fraud or mistake. The Restatement’s harmless-error rule generalizes from developments that have occurred in several legal systems, from New Jersey to South Australia. The volume is updated by a cumulative annual pocket part.

The second volume contains the complete text of Divisions II, III, and IV of the new Restatement.  This volume begins by restating the law of nonprobate transfers, including both gifts of personal property and will substitutes such as life insurance, pensions, and employee-benefit accounts. It continues with a consideration of protective doctrines such as undue influence, mental incapacity, and minority, as well as of rules for protecting surviving spouses and of the effect of premarital and marital agreements. The final division collects in one helpful place the vitally important rules and principles for ascertaining a donor’s intent within the terms of the relevant donative document, and for determining whether it is possible to reform or modify the document to clearly reflect that intent. Topics here include the type of evidence that can be considered in determining intent, techniques for resolving ambiguities, and doctrines aimed at correcting evident mistakes and achieving the donor’s tax objectives. The volume is updated by a cumulative annual pocket part.

Tentative Draft No. 4 (2004) contains Division V on Class Gifts; Tentative Draft No. 5 (2006) contains Division VI on Powers of Appointment. When the material in Tentative Draft No. 5 is approved at the 2006 Annual Meeting, it will be published as Volume 3 with the previously approved work on class gifts. Publication of Volume 3 is projected for 2007. The subjects remaining to be treated before this Restatement is completed include Division VII covering present and future interests and Division VIII covering social restrictions on freedom of disposition, including the rule against perpetuities. These subjects will be published in Volume 4.

Project Reporters and Advisers

Tentative and Other Annual Meeting Drafts

Tentative Draft No. 1: Division III. Construction, Reformation, and Modification of Donative Documents; Chapter 10. General Principles; Chapter 11. Resolving Ambiguities; Chapter 12. Reforming and Modifying Donative Documents xxi, 202 pp., 1995, Order Code 5526, $30 -- Order this item

Tentative Draft No. 2: Division I. Probate Transfers (Wills and Intestacy); Chapter 1. Definitions and Basic Principles; Chapter 2. Intestacy; Chapter 3. Execution of Wills; Chapter 4. Revocation of Wills; Chapter 5. Post-Execution Events Affecting Wills xxviii, 480 pp., 1998, Order Code 6111, $45 -- Order this item

Tentative Draft No. 3: Division II. Nonprobate Transfers (Gifts and Will Substitutes); Division III. Protective Doctrines xxv, 371 pp., 2001, Order Code 1R3WDTTD3, $35 -- Order this item

*Tentative Draft No. 4: Division V. Class Gifts: Chapter 13. General Characteristics of a Class Gift; Chapter 14. Presumptive Meaning of Class-Gift Terms; Chapter 15. Increase and Decrease in Class Membership; Chapter 16. Class Gifts to Heirs xxxi, 246 pp., 2004, Order Code 1R3WDTTD4, $30 --  Order this item

*Tentative Draft No. 5: Division VI. Powers of Appointment: Chapter 17. Introduction to Powers of Appointment: Terminology and Definitions; Chapter 18. Creation of a Power of Appointment; Chapter 19. Exercise of a Power of Appointment; Chapter 20. Release and Disclaimer of a Power of Appointment; Chapter 21. Contracts to Appoint; Chapter 22. Rights of the Donee's Creditors in Appointive Assets; Chapter 23. Elective-Share Rights of the Donee's Surviving Spouse in Appointive Assets. xlv, 342 pp., 2006, Order Code 1R3WDTTD5, $40 -- Order this item

*Official text not yet published.