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in the Restatement of Property and the Restatement Second of Property (Donative Transfers), both of which are now superseded.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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  • Current Offerings:
    • 2024 REST PKPT PROPERTY 3D WODTÊV1 43312900

      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

      $96.00 20+ pages 2024 #24PPWDT1
      2024 REST PKPT PROPERTY 3D WODTÊV2 43312901

      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 2, §§ 6.1–12.2 (2003).

      FGN - 43312901

      $96.00 30+ pages 2024 #24PPWDT2
      2024 REST SUP PROPERTY 3D WODTÊV3 43312902

      This 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

      $96.00 300+ pages 2024 #24SUPWDT3