Wednesday, April 30, 2008
Uniform Trust and Estate Statutes (2008-2009 edition) prepared by John H. Langbein and Lawrence W. Waggoner is now available from Foundation Press.
Here is a description of this new edition:
Designed to be used with any casebook or textbook, this statutory collection provides law students with a single-volume source containing all the uniform acts needed in a trusts and estates course (as well as the United Kingdom family provision legislation, included for comparative purposes). The 2008-2009 Edition contains the full statutory texts of the principal Uniform Acts pertaining to trusts and estates, including the Uniform Probate Code, the Uniform Trust Code, and the various special-purpose acts. The book supplies full texts of the three recently-promulgated acts: the Revised Uniform Anatomical Gift Act, the Uniform Power of Attorney Act, and the Uniform Prudent Management of Institutional Funds Act. As in past editions, the 2008-2009 Edition reproduces the official comments for the substantive articles (II and VI) of the Uniform Probate Code; for the Uniform Trust Code; and for most of the other Uniform Acts.
The book groups the trust and estates statutes in three parts.
- Part One, Probate Statutes, primarily contains the Uniform Probate Code (1990 text, incorporating all subsequent amendments). The Uniform Probate Code incorporates several freestanding Acts, including the Uniform Disclaimer of Property Interests Act (1999) and the Uniform Estate Tax Apportionment Act (2003).
- Part Two of the book, devoted to Trust Statutes, begins with the Uniform Trust Code (2000), incorporating all subsequent amendments. Part Two also contains the Uniform Principal and Income Act (1997), the Uniform Prudent Investor Act (1994), and the Uniform Custodial Trust Act (1987).
- Part Three, containing other Uniform Acts, includes the Uniform Parentage Act (2000, with 2002 amendments); the Uniform Health-Care Decisions Act (1993); the Uniform Simultaneous Death Act (1993); the Uniform Fraudulent Transfer Act (1984); the Uniform Transfers to Minors Act (1983, with 1986 amendments); the Model Marital Property Act (1983); and the Uniform Premarital Agreement Act (1983).
The 2008-2009 edition incorporates recent amendments to the UPC, adopted as technical amendments in 2008. The principal change is to the elective share, which has been revised to simplify the measure. The main substantive revision increases the surviving spouse's minimum share to 50 percent of the marital-property portion of the augmented estate.
A unique feature of the book is that juxtaposes with the current Uniform Acts certain carefully selected extracts of important provisions from former versions of various Uniform Acts, especially the pre-1990 version of UPC Article II; and selected provisions from the Restatement (Third) of Trusts (2003) and the Restatement (Third) of Property: Wills and Other Donative Transfers (1999-2003).