This paper examines the effect of exposure to a culture of easier divorce as a minor on generalized trust using the General Social Survey from 1973-2010. The easier divorce culture is defined as the introduction of no-fault including unilateral divorce reforms across the US. According to the...

To compete for trust assets following a change in the federal tax code, many states repealed or abrogated the Rule Against Perpetuities (RAP). By repealing the RAP, these states allow a settlor to create a trust that lasts forever: a “dynasty trust” or “perpetual trust.” In a thoughtful...

Trusts emerge regularly in relationship property disputes and they are generally well understood to take priority whenever there is a competition between the trust and a claim that the trust property otherwise falls within the pool of relationship assets available for division. Nevertheless,...

It has become an orthodoxy in some quarters that fiduciary duties are only proscriptive, forbidding certain actions, and never prescriptive, requiring positive action. I argue that this is a misunderstanding. The argument begins by attempting to explain how this orthodoxy arose, and then by...

Directed trusts have become a familiar feature of trust practice in spite of considerable legal uncertainty about them. Fortunately, the Uniform Law Commission has just finished work on the Uniform Directed Trust Act (UDTA), a new uniform law that offers clear solutions to the many legal...

This article shows that parties to trusts currently enjoy easier access to judicial avoidance of voluntary dispositions resulting from mistakes and inadequate decision-making than other persons. The principal doctrinal basis for this advantage has shifted from the rule in Re Hastings-Bass to...

This paper examines the effect of exposure to a culture of easier divorce as a minor on generalized trust using the General Social Survey from 1973-2010. The easier divorce culture is defined as the introduction of no-fault including unilateral divorce reforms across the US.According to the...

This paper arises out of the author's project on “Adult Social Care and Property Rights”, begun during an Early Career Fellowship at the Centre for Research in the Arts, Social Sciences and Humanities in 2015. A version of the paper was presented at the “Modern Studies in the Law of Trusts...

Today’s record levels of economic inequality are infecting our future as the top 0.01% bequest vast wealth to their descendants. With the death of the Rule Against Perpetuities (RAP), this inequality has the potential to harden social class lines not just for a generation or two but forever....

The problem of the beneficial ownership of the family home has troubled courts throughout the common law world. It has proved extremely difficult "to unravel the tangled skein of human association, and apply to it considerations of legal principle." The Irish courts have had an unusually rich...