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Restatement of the Law Third, Trusts
This work offers a modern take on trust law, guiding legislators, judges, and advisors. It covers trust creation, rights, duties, and administration.
Publisher: American Law Institute
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This work provides a contemporary treatment of trust law, offering authoritative guidance to legislators, judges, and those who counsel trustees and beneficiaries or endeavor to draft instruments that accurately reflect the lawful intentions of donors. The work represents a complete revision of the Restatement Second, which is no longer in print. Volumes 1 and 2 cover the nature, creation, and elements of trusts; interests and rights of beneficiaries; and trust modification and termination. Volume 3 deals with trustee powers and duties and incorporates an updated version of an earlier Prudent Investor volume. The fourth volume covers trust administration, particularly breaches of trust and the appropriate legal remedies.
Reporter:
Edward C. Halbach, Jr., University of California,Berkley School of Law
Associate Reporters:
Jeffrey N. Pennell, Emory University School of Law (Volume 3)
Randall W. Roth, University of Hawaii at Manoa, William S. Richardson School of Law (Volumes 3 and 4)
Thomas P. Gallanis, University of Iowa College of Law (Volume 4)
This title is part of the ALI Restatement of the Law Series.
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VOLUME 1 (§§ 1 to 28)
FOREWORD
PART 1. NATURE, CHARACTERISTICS, AND TYPES OF TRUSTS
Chapter
1. Definitions and Distinctions
2. Resulting Trusts
PART 2. CREATION OF TRUSTS
3. Basic Principles and Requirements
4. Formalities: Trusts Created by Will
5. Formalities: Creation of Inter Vivos Trusts
VOLUME 2 (§§ 29 to 69)
FOREWORD
PART 3. ELEMENTS OF TRUSTS
Chapter
6. Trust Purposes
7. The Trustee
8. Trust Property
9. Beneficiaries
PART 4. NATURE OF BENEFICIARIES’ RIGHTS AND INTERESTS
10. Extent and Enforceability of Beneficial Interests
11. Voluntary and Involuntary Transfers of Beneficial Interests: General Principles
12. Spendthrift Trusts and Other Restraints on Voluntary and Involuntary Alienation
PART 5. MODIFICATION AND TERMINATION OF TRUSTS
13. Modification and Termination of Trusts
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 (Volumes 1 and 2)
VOLUME 3 (§§ 70 to 92)
FOREWORD
PART 6. TRUST ADMINISTRATION
Chapter
14. Trustee Powers and Duties: General Principles
15. Specific Duties of Trusteeship
16. Extent and Exercise of Trustees’ Powers
17. Investment of Trust Funds (The “Prudent Investor Rule”)
Table of Cases
Table of Statutes
Parallel Tables Showing Corresponding Restatement Third and Restatement Second Section Numbers
Index (Volume 3)
VOLUME 4 (§§ 93 to 111)
FOREWORD
PART 6 (Continued). TRUST ADMINISTRATION
Chapter
18. Remedying Breach of Trust: General Principles
19. Trustee Liability to Beneficiaries
20. Beneficiary Liability
21. Liability of Trust or Trustee to Third Party
22. Third-Party Liability to Trust
23. Accounting for Principal and
Table of Cases
Table of Statutes
Parallel Tables Showing Corresponding Restatement
Third and Restatement Second Section Numbers
Index (Volumes 3 and 4)
