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

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in the Restatement of Property and the Restatement Second of Property (Donative Transfers), both of which are now superseded. 

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  • Official Text Volume 1 Image
    Official Text Volume 1
    500 pages, 1999, #6133

    This 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.

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  • Official Text Volume 2 Image
    Official Text Volume 2
    513 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.

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  • Official Text Volume 3 Image
    Official Text Volume 3
    757 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.

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  • Official Text  Volumes 1 and 2 Image
    Official Text Volumes 1 and 2
    1013 pages, 2003, #1R3WDTV12OTS

    Volume 1 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.

    Volume 2 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.

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    • Cumulative Annual Pocket Part 2016, Vol. 1

      This Pocket Part reports cases through June 2015 that cite Volume 1 (§§ 1.1 to 5.5) of the Restatement of the Law Third, Property (Wills and Other Donative Transfers).

      For subsequent citations, see also the Interim Case Citations to the Restatements and Principles of the Law pamphlets designated for use with the 2016 Pocket Parts and Supplements.

      Note: Customers who order a volume that is supplemented by an annual pocket part will receive the pocket part for the current year at no additional charge. There is no need to order the pocket part separately.

      FGM - 41890657

      $49.00 12 pages 2016 #16PPWDT1
      Cumulative Annual Pocket Part 2016, Vol. 2

      This Pocket Part reports cases through June 2015 that cite Volume 2 (§§6.1 to 12.2) of the Restatement of the Law Third, Property (Wills and Other Donative Transfers). 

      For subsequent citations, see also the Interim Case Citations to the Restatements and Principles of the Law pamphlets designated for use with the 2016 Pocket Parts and Supplements. 

      Note: Customers who order a volume that is supplemented by an annual pocket part will receive the pocket part for the current year at no additional charge. There is no need to order the pocket part separately. 

      FGM - 41890658

      $49.00 22 pages 2016 #16PPWDT2
      Cumulative Annual Pocket Part 2016, Vol. 3

      This Pocket Part reports cases through June 2015 that cite Volume 3 (§§ 13.1 to 27.3) of the Restatement of the Law Third, Property (Wills and Other Donative Transfers). 

      For subsequent citations, see also the Interim Case Citations to the Restatements and Principles of the Law pamphlets designated for use with the 2016 Pocket Parts and Supplements. 

      Note: Customers who order a volume that is supplemented by an annual pocket part will receive the pocket part for the current year at no additional charge. There is no need to order the pocket part separately. 

      FGM - 41890659

      $49.00 329 pages 2016 #16PPWDT3
 
 

 

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    Tentative Draft No. 6
    Tentative Draft No. 6
    169 pages, 2010, #1R3WDTTD6

    Softbound  | 1R3WDTTD6  | 2010  | 169 pages  | $30.00

    DIVISION VII
    PRESENT AND FUTURE INTERESTS

    Scope of Division VII

    CHAPTER 24. PRESENT INTERESTS: CLASSIFICATION
    § 24.1 Present Interest Defined
    § 24.2 Fee Simple Absolute; Absolute Ownership
    § 24.3 Fee Simple Defeasible
    § 24.4 Fee Tail Estate Not Recognized
    § 24.5 Life Estate
    § 24.6 Term of Years

    CHAPTER 25. FUTURE INTERESTS: CLASSIFICATION
    § 25.1 Future Interest Defined
    § 25.2 Reversion or Remainder
    § 25.3 Contingent or Vested
    § 25.4 Postponed Class Gifts; Subject to Open
    § 25.5 Rule of Destructibility of Contingent Remainders Not Recognized

    CHAPTER 26. PRESENT AND FUTURE INTERESTS: CONSTRUCTION 

    Part A. Mandatory Requirement of Survival of the Effective Date of the Transfer § 26.1 Beneficiary Who Is Deceased When Donative Document Takes Effect 

    Part B. Express and Implied Conditions of Survival
    § 26.2 Conditions Precedent and Subsequent: Meaning When Attached to a Future Interest
    § 26.3 No Implied Condition of Survival
    § 26.4 Express Condition of Survival: Construction When Ambiguous Regarding Time to Which Survival Is Required
    § 26.5 Alternative Future Interests Expressed Only in the Disjunctive
    § 26.6 Age Specification: Implied Condition of Survival 

    Part C. Gifts Over on Death or on Death Without Issue
    § 26.7 Meaning of “Death” When Death Is Referred to as a Conditional Event
    § 26.8 Meaning of “Death Without Issue” 

    Part D. Incomplete Dispositions
    § 26.9 Filling Gaps by Construction—Implication of Future Interests

    DIVISION VIII
    PUBLIC-POLICY LIMITATION ON DEAD-HAND CONTROL:
    THE RULE AGAINST PERPETUITIES

    Scope of Division VIII

    CHAPTER 27. RULE AGAINST PERPETUITIES
    § 27.1 Statement of the Rule Against Perpetuities
    § 27.2 Judicial Modification
    § 27.3 Exclusions from the Rule Against Perpetuities

    This draft was approved by the Membership at the 2010 Annual Meeting, subject to the discussion at the Meeting and to editorial prerogative.

    169 pages, 2010, #1R3WDTTD6E

    Softbound  | 1R3WDTTD6  | 2010  | 169 pages  | $30.00

    DIVISION VII
    PRESENT AND FUTURE INTERESTS

    Scope of Division VII

    CHAPTER 24. PRESENT INTERESTS: CLASSIFICATION
    § 24.1 Present Interest Defined
    § 24.2 Fee Simple Absolute; Absolute Ownership
    § 24.3 Fee Simple Defeasible
    § 24.4 Fee Tail Estate Not Recognized
    § 24.5 Life Estate
    § 24.6 Term of Years

    CHAPTER 25. FUTURE INTERESTS: CLASSIFICATION
    § 25.1 Future Interest Defined
    § 25.2 Reversion or Remainder
    § 25.3 Contingent or Vested
    § 25.4 Postponed Class Gifts; Subject to Open
    § 25.5 Rule of Destructibility of Contingent Remainders Not Recognized

    CHAPTER 26. PRESENT AND FUTURE INTERESTS: CONSTRUCTION 

    Part A. Mandatory Requirement of Survival of the Effective Date of the Transfer § 26.1 Beneficiary Who Is Deceased When Donative Document Takes Effect 

    Part B. Express and Implied Conditions of Survival
    § 26.2 Conditions Precedent and Subsequent: Meaning When Attached to a Future Interest
    § 26.3 No Implied Condition of Survival
    § 26.4 Express Condition of Survival: Construction When Ambiguous Regarding Time to Which Survival Is Required
    § 26.5 Alternative Future Interests Expressed Only in the Disjunctive
    § 26.6 Age Specification: Implied Condition of Survival 

    Part C. Gifts Over on Death or on Death Without Issue
    § 26.7 Meaning of “Death” When Death Is Referred to as a Conditional Event
    § 26.8 Meaning of “Death Without Issue” 

    Part D. Incomplete Dispositions
    § 26.9 Filling Gaps by Construction—Implication of Future Interests

    DIVISION VIII
    PUBLIC-POLICY LIMITATION ON DEAD-HAND CONTROL:
    THE RULE AGAINST PERPETUITIES

    Scope of Division VIII

    CHAPTER 27. RULE AGAINST PERPETUITIES
    § 27.1 Statement of the Rule Against Perpetuities
    § 27.2 Judicial Modification
    § 27.3 Exclusions from the Rule Against Perpetuities

    This draft was approved by the Membership at the 2010 Annual Meeting, subject to the discussion at the Meeting and to editorial prerogative.

     
  •  
    Tentative Draft No. 5
    Tentative Draft No. 5
    342 pages, 2006, #1R3WDTTD5

    Softbound  | 1R3WDTTD5  | 2006  | 342 pages  | $40.00

    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.

    This draft was approved by the Membership at the 2006 Annual Meeting, subject to the discussion at the Meeting and to editorial prerogative.

    342 pages, 2006, #1R3WDTTD5E

    Softbound  | 1R3WDTTD5  | 2006  | 342 pages  | $40.00

    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.

    This draft was approved by the Membership at the 2006 Annual Meeting, subject to the discussion at the Meeting and to editorial prerogative.

     
  •  
    Tentative Draft No. 4
    Tentative Draft No. 4
    246 pages, 2004, #1R3WDTTD4

    Softbound  | 1R3WDTTD4  | 2004  | 246 pages  | $30.00

    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

    This draft was approved by the Membership at the 2004 Annual Meeting, subject to the discussion at the Meeting and to editorial prerogative.

    246 pages, 2004, #1R3WDTTD4E

    Softbound  | 1R3WDTTD4  | 2004  | 246 pages  | $30.00

    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

    This draft was approved by the Membership at the 2004 Annual Meeting, subject to the discussion at the Meeting and to editorial prerogative.

     
  •  
    Tentative Draft No. 3
    371 pages, 2001, #1R3WDTTD3

    Softbound  | 1R3WDTTD3  | 2001  | 371 pages  | $35.00

    Division II. Nonprobate Transfers (Gifts and Will Substitutes); Division III. Protective Doctrines

    This draft was approved by the Membership at the 2001 Annual Meeting, subject to the discussion at the Meeting and to editorial prerogative.

     
  •  
    Tentative Draft No. 2
    480 pages, 1998, #6111

    Softbound  | 6111  | 1998  | 480 pages  | $45.00

    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

    This draft was approved by the Membership at the 1998 Annual Meeting, subject to the discussion at the Meeting and to editorial prerogative.

     
  •  
    Tentative Draft No. 1
    2002 pages, 1995, #5526

    Softbound  | 5526  | 1995  | 2002 pages  | $30.00

    Division III. Construction, Reformation, and Modification of Donative Documents; Chapter 10. General Principles; Chapter 11. Resolving Ambiguities; Chapter 12. Reforming and Modifying Donative Documents

    This draft was approved by the Membership at the 1995 Annual Meeting, subject to the discussion at the Meeting and to editorial prerogative.