Property (Wills and Other Donative Transfers)
This work is a culmination of ALI’s 20-year project to update the law of wills and succession. It is a comprehensive treatment of the American law of wills, will substitutes, intestacy, gifts, powers of appointment, present and future interests, and the construction of donative documents. The coverage includes subjects in the Restatement of Property and the Restatement Second of Property (Donative Transfers), both of which are now superseded.
Reporter:
Lawrence W. Waggoner, University of Michigan Law School
Associate Reporter:
John H. Langbein, Yale Law School
Official Text Volume 1500 pages, 1999, #6133This volume offers a comprehensive treatment of the law of probate transfers by wills and by intestacy, articulating rules for probate transfers that seek to give effect to the donor’s intentions while providing safeguards against the defeat of those intentions by fraud or mistake. Subjects covered include definitions and basic principles, intestacy, will formalities, the harmless-error rule, revocation of wills, revival of revoked wills, and post-execution events affecting wills, including ademption and lapse.
More details and content summaryXHardbound | 6133 | 1999 | 500 pages | $95.00
VOLUME 1 (§§ 1.1 to 5.5)
FOREWORD
INTRODUCTION
DIVISION I - PROBATE TRANSFERS - (WILLS AND INTESTACY)
Chapter
1. Definitions and Basic Principles
2. Intestacy
3. Execution of Wills
4. Revocation of Wills
5. Post-Execution Events Affecting Wills
Table of Cases
Table of Statutes
Parallel Tables Showing Corresponding Restatement Third and Restatement Second Section Numbers
Table of Cross References to Digest System Key Numbers and ALR Annotations
Index
In the Institute’s Restatement tradition, this authoritative volume combines clear black-letter provisions with extensive explanatory Comments, clarifying Illustrations, and detailed Reporter’s Notes. The volume is further enhanced by tables of cases, statutes, parallel tables showing corresponding Restatement Third and Restatement Second section numbers, a table of cross-references to the West Digest System and ALR annotations, and an Index.
The Restatement will be supplemented by Annual Pocket Parts.
ISBN - 978-0-314-23937-5- Official Text Volume 2513 pages, 2003, #1R3WDTV2OT
This volume begins by restating the law of nonprobate transfers such as gifts and will substitutes. It continues with a consideration of protective doctrines such as mental incapacity, minority, and undue influence, as well as of protection for surviving spouses and of premarital and marital agreements. Mortmain is abolished. The final unit covers construction, reformation and modification of donative documents.
More details and content summaryXHardbound | 1R3WDTV2OT | 2003 | 513 pages | $98.00
VOLUME 2 (§§ 6.1 to 12.2)
FOREWORD
DIVISION II - NONPROBATE TRANSFERS (GIFTS AND WILL SUBSTITUTES) Chapter
6. Gifts
7. Will Substitutes
DIVISION II - PROTECTIVE DOCTRINES
Chapter
8. Invalidity Due to the Donor’s Incapacity or Another’s Wrongdoing
9. Protections Against Disinheritance
DIVISION IV - CONSTRUCTION, REFORMATION, AND MODIFICATION OF DONATIVE DOCUMENTS
Chapter
10. General Principles
11. Resolving Ambiguities
12. Reforming and Modifying Donative Documents
Table of Cases
Table of Statutes
Parallel Tables Showing Corresponding Restatement Third, Restatement Second, and Restatement First Section Numbers
Table of Cross References to Digest System Key Numbers and ALR Annotations
Index
In the Institute’s Restatement tradition, this authoritative volume combines clear black-letter provisions with extensive explanatory Comments, clarifying Illustrations, and detailed Reporter’s Notes.
The Restatement will be supplemented by Annual Pocket Parts.
FGM - 40123977
ISBN - 978-0-314-10463-1 - Official Text Volume 3757 pages, 2011, #1R3WDTV3OT
This volume takes up class gifts, powers of appointment, present and future interests, and perpetuities. It includes provisions that modernize and simplify the law of future interests, class-gift rules that respond to the legal problems arising from recent scientific developments in reproductive technology, a simplified formulation of the rule against perpetuities, and a clear and principled explanation of the reasons for limiting dead-hand control of property.
More details and content summaryXHardbound | 1R3WDTV3OT | 2011 | 757 pages | $131.00
Volume 3 (§§ 13.1 to 27.3)
FOREWORD
DIVISION V
CLASS GIFTS
Chapter
13. General Characteristics of a Class Gift
14. Presumptive Meaning of Class-Gift Terms of Relationship
15. Increase and Decrease in Class Membership
16. Class Gifts to Heirs
DIVISION VI
POWERS OF APPOINTMENT
Chapter
17. Introduction to Powers of Appointment: Terminology and Definitions
18. Creation of a Power of Appointment
19. Exercise of a Power of Appointment
20. Release and Disclaimer of a Power of Appointment
21. Contracts to Appoint
22. Rights of the Donee’s Creditors in Appointive Assets
23. Elective-Share Rights of the Donee’s Surviving Spouse in Appointive Assets
DIVISION VII
PRESENT AND FUTURE INTERESTS
Chapter
24. Present Interests: Classification
25. Future Interests: Classification
26. Present and Future Interests: Construction
DIVISION VIII
PUBLIC-POLICY LIMITATION ON DEAD-HAND CONTROL: THE RULE AGAINST PERPETUITIES
Chapter
27. Rule Against Perpetuities
Appendix. Sections from Restatement Second, Property (Donative Transfers), Division I, Part II
Table of Cases
Table of Statutes
Parallel Tables Showing Corresponding Restatement Third, Restatement Second, and Restatement First Section Numbers
Index
In the Institute’s Restatement tradition, this authoritative volume combines clear black-letter provisions with extensive explanatory Comments, clarifying Illustrations, and detailed Reporter’s Notes.
The Restatement will be supplemented by Annual Pocket Parts.
FGM - 41218007
ISBN - 978-0-314-60507-8
- Current Offerings:
- 2024 REST PKPT PROPERTY 3D WODTÊV1 43312900$96.00 20+ pages 2024 #24PPWDT1
This Cumulative Annual Pocket Part contains all citations, through June 2023, to the Restatement of the Law Third, Property (Wills and Other Donative Transfers), Volume 1, §§ 1.1–5.5 (1999).
FGN - 43312900
2024 REST PKPT PROPERTY 3D WODTÊV2 43312901$96.00 30+ pages 2024 #24PPWDT2This Cumulative Annual Pocket Part contains all citations, through June 2023, to the Restatement of the Law Third, Property (Wills and Other Donative Transfers), Volume 2, §§ 6.1–12.2 (2003).
FGN - 43312901
2024 REST SUP PROPERTY 3D WODTÊV3 43312902$96.00 300+ pages 2024 #24SUPWDT3This Cumulative Annual Supplement contains all citations, through June 2023, to the Restatement of the Law Third, Property (Wills and Other Donative Transfers) (P3WODT), Volume 3, §§ 13.1 to 27.3 (2011), the final volume in the series. Citations to those sections of the original Restatement of Property that have been superseded by P3WODT may be found in this Supplement, as well as all citations to Property 2d Donative Transfers. Both the original Restatement of Property and Property 2d Donative Transfers have now been superseded and are out of print.
FGN - 43312902