The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

The most detailed treatment available of pension trusts law. This book draws together all of the relevant topics providing analysis of the case law and addressing many of the tricky problems which pensions practitioners and academics face.

The world has gone digital and so have our clients’ estates. Digital assets may simply be electronic records, but they are the digital gateway to our lives. They are our memories, our money, and our records, making technology the new player at the estate planning table. The Digital Executor®: Unraveling the New Path for Estate Planning arms estate advisors, business owners, service providers, and the broader estate and technology industries with heightened awareness of client expectations regarding their digital estates. Everyone needs a will and in today’s age of digitization, estate plans must include your client's digital life. This book is a primer for understanding a client’s personal use case when navigating estate management in the digital age with introductions to technology and the underlying aspects and differences between digital asset classes. With technology being the new player at the client’s estate planning table, estate advisors must be educated, motivated, and prepared, adapting policies and processes for operating in the digital world. Equally, technology and service providers must align with the stars to be integrated partners in estate industry conversations. Sharon’s first book, Your Digital Undertaker: Exploring Death in the Digital Age in Canada, was about digital assets in the context of an individual’s or client’s estate planning life cycle. This follow-up book, Digital Executor®: Unraveling the New Path for Estate Planning is about digital assets in the context of the estate industry. This book draws the reader into the world of estate planning with a digital twist, bringing together how the global estate industry, technology and service providers must address client expectations about their digital assets and the implications of the changing role of the fiduciary/executor. To understand the role of digital assets in the estate industry, we must first understand technology, the client’s user context, and the changing role of the estate advisor. From an estate industry perspective, if today’s executor is a digital executor and today’s fiduciary is a digital fiduciary, then today’s advisor must be a digital advisor.

Focusing on the private law of England, Scotland, France, Quebec and the Netherlands, this volume explores how the private law concepts of trust and patrimony interact in various jurisdictions, with a view to advancing the understanding of the trust as a fundamental legal concept. It comprises new and previously published papers written by distinguished comparative law scholars. The authors investigate whether the common law trust could be understood as a civil law patrimony by appropriation, and whether civil law and mixed traditions could create local versions of the common law trust using patrimony as the main conceptual building block.

Despite the common belief that they are found only in the common law tradition, trusts have long been known in mixed jurisdictions even where they have a civilian law of property. Trusts have now been introduced by legislation in a number of civilian jurisdictions, such as France and China. Other recent developments include the reception of foreign trusts through private international law in Italy and Switzerland and the inclusion of a chapter on trusts in Europe's Draft Common Frame of Reference. As a result, there is a growing interest in the ways in which the trust can be accommodated in civil law systems. This collection explores this question, as well as general issues such as the juridical nature of the trust, the role and qualifications of the trustee and particular developments in specific jurisdictions.

Wealth can be transferred on death in a number of different ways, most commonly by will. Yet a person can also use a variety of other means to benefit someone on death. Examples include donationes mortis causa, joint tenancies, trusts, life-insurance contracts and nominations in pension and retirement plans. In the US, these modes of transfer are grouped under the category of 'will-substitutes' and are generally treated as testamentary dispositions. Much has been written about the effect of the use of will-substitutes in the US, but little is generally known about developments in other jurisdictions. For the first time, this collection of contributions looks at will-substitutes from a comparative perspective. It examines mechanisms that pass wealth on death across a number of common law, civil law and mixed legal jurisdictions, and explores the rationale behind their use. It analyses them from different viewpoints, including those of owners of businesses, investors, as well as creditors, family members and dependants. The aims of the volume are to show the complexity and dynamics of wealth transfers on death across jurisdictions, to identify patterns between jurisdictions, and to report the attitudes towards the different modes of transfer in light of their utility and the potential frictions they give rise to with policies and principles underpinning current laws.

The reception of the trust in civil law jurisdictions has generated considerable conceptual debate internationally and in East Asia. In Trust Law in Asian Civil Law Jurisdictions, the authors: • Provide a detailed comparative examination of trust laws in Asian civil law jurisdictions from both operational and theoretical perspectives • Discuss the reception of the trust laws in Japan, South Korea, Taiwan and China and the challenges facing them • Engage in in-depth comparative inquiries as to how these Asian legal systems resolve questions pertaining to the trust • Evaluate the distinctive features of Asian trusts and how they are moulded to suit the civilian legal frameworks within which they are situated. The analysis intersects with the Trento trust project in Europe, but also differs from it by providing valuable perspectives of the 'Asian' approaches to trust researchers in Asia and the Anglophone world at large.