Estate and Trust Law


The law of trusts and estates is generally considered the body of law which governs the management of personal affairs and the disposition of property of an individual in anticipation of the event of such person's incapacity or death.
Many trusts are created as an alternative to or in conjunction with a will and other elements of estate planning. State law establishes the framework for determining the validity and limits for both.

Estate and Trust

  • Estates and Trust - Wikipedia

    The law of trusts and estates is generally considered the body of law which governs the management of personal affairs and the disposition of property of an individual in anticipation of the event of such person's incapacity or death, also known as the law of successions in civil law. Its techniques are also used to fulfil the wishes of philanthropic bequests or gifts through the creation, maintenance and supervision of charitable trusts. In some jurisdictions, such as the United States, it overlaps with the area that has come to be known as elder law that deals not only with estate planning but other issues that face the elderly, such as home care, long term care insurance or social security or disability benefits.

  • Estates and trusts

    Generally, a trust is a right in property (real or personal) which is held in a fiduciary relationship by one party for the benefit of another. The trustee is the one who holds title to the trust property, and the beneficiary is the person who receives the benefits of the trust.

  • Estates Planning FAQs

    The American Bar Association answers frequently asked questions on Estates and Trusts.

  • Trust Law - Wikipedia

    In common law legal systems, a trust is an arrangement whereby money or property is managed by one person (or persons, or organizations) for the benefit of another but is owned by the 'Trust'. A trust is created by a settlor, who entrusts some or all of his or her property to people of his choice (the trustees). The trustees are the legal owners of the trust property (or trust corpus), but they are obliged to hold the property for the benefit of one or more individuals or organizations (the beneficiary, a.k.a. cestui que use or cestui que trust), usually specified by the settlor. The trustees owe a fiduciary duty to the beneficiaries, who are the "beneficial" owners of the trust property.

  • Wills, Trusts & Estates Prof Blog

Estate and Trust Law - USA

  • Crash Course In Wills and Trust

    This course is a concise and practical guide to what everyone should know about the law of Wills and Trusts - as well as a range of other matters - before an estate plan is designed. It began as an outline for an “adult ed” class at the local community college, and is based on real questions, concerns and issues encountered over many years, among people at all economic levels, from modest to quite substantial. Wills and Trusts are just tools in the larger process of "estate planning.”

  • Estate Tax - Wex

    One of the oldest and most common forms of taxation is the taxation of property held by an individual at the time of their death. Such a tax can take the form, among others, of estate tax (a tax levied on the estate before any transfers). An estate tax is a charge upon the decedent's entire estate, regardless of how it is disbursed. An alternative form of death tax is an inheritance tax (a tax levied on individuals receiving property from the estate). Taxes imposed upon death provide incentive to transfer assets before death.

  • Gift and Estate Resources for Professionals.

    Case studies, workshops and professional planned giving resources.

  • Section of Real Property, Probate and Trust Law - ABA

    The Real Property, Trust and Estate Law Section is a leading national forum for lawyers, and currently has over 30,000 members. The Real Property Division focuses on legal aspects of property use, ownership, development, transfer, regulation, financing, taxation and disposal. The Trust and Estate Division focuses on all aspects of trusts, estate planning, employee benefits, insurance, and probate and trust litigation.

  • Tax Law Changes for Gifts and Estates and Trusts

    IRS information on Estates and Trusts.

  • U.S. State Statutes for Probate

    Links to all of the States Statutes.

  • What is Estate Planning - ABA

    What Happens if You Die Without A Will? What A Will Does? What A Will Does Not Do? How To Execute a Will?

Estate and Trust Law - International

  • International Academy of Estate and Trust Law

    "Should not there be an opportunity for lawyers to join together and as a group seek enlightenment as to the law in other countries so that that knowledge could be carried home to improve what they have in their local statutes?" This query occurred to Judge Arthur K. Marshall, then Advisor to the California State Bar Committee on Probate and Trust Law. It was an idea whose time had come. What followed was the formation of the International Academy of Estate and Trust Law in 1975. In the beginning, Academicians have primarily sought knowledge about the legal systems of the countries in which the Academy has met. It continues that quest, but as Academicians have become more familiar with the diverse legal systems of the home countries of its members, the focus of the Academy has shifted.

  • International Law Commission

    Commission shall have for its object the promotion of the progressive development of international law and its codification”. Article 15 of the Statute makes a distinction “for convenience” between progressive development as meaning “the preparation of draft conventions on subjects which have not yet been regulated by international law or in regard to which the law has not yet been sufficiently developed in the practice of States” and codification as meaning “the more precise formulation and systematization of rules of international law in fields where there already has been extensive State practice, precedent and doctrine”. In practice, the Commission’s work on a topic usually involves some aspects of the progressive development as well as the codification of international law, with the balance between the two varying depending on the particular topic.

  • International Succession Planning Association

    The vision of the ISPA is to be the global resource for succession planning technology by providing unique succession assessment and facilitation tools to family business owners, manufacturers and vendors that will facilitate the achievement of their respective goals. We believe the succession assessment can be a motivator to business owners to take action, as well as a versatile tool for the business community, to determine the exposure to the succession problems of their manufacturers, franchisers, distributors and customers.

  • Problem of State Succession and the Identity of States under International Law

    Article published by the International Journal of International Law.

  • Succession Law - Guide to French Law

    These notes address some issues which may otherwise arise if you die owning property in France. It is intended to address the general practice and procedure involved when selling your French real property.

  • Wills, Estates & Trust - Canadian Law

    This research guide on wills, estates and trusts covers executors and administrators, trusts, and drafting and administration of wills. The subject area is covered by many provincial statutes and case law is important. English texts provide context and background.

Trusts and Estates Organizations and Associations

  • American Academy of Estate Planning Attorneys

    The American Academy of Estate Planning Attorneys is an exclusive, membership organization serving the needs of attorneys and law firms nationwide. Academy members focus on one or more of the following areas: estate planning, elder law, post-mortem services and financial services. Members are equipped with the legal research and education it takes to serve consumers with the highest quality advice and documents.

  • American Association of Trusts, Estates and Elder Law Attorneys

    The American Association of Trusts, Estates and Elder Law Attorneys (AATEELA) is an invitation-only, professional association of estate planning and elder law attorneys from across the United States. Members are selected on the basis of their professional reputation, ability and creativity in the fields of trusts, estates and elder law. Each has made substantial contributions to these fields through lecturing, writing, and continuing education instruction.

  • American College of Trust & Estate Counsel

    The American College of Trust and Estate Counsel is a national organization of approximately 2,600 lawyers elected to membership by demonstrating the highest level of integrity, commitment to the profession, competence and experience as trust and estate counselors.

  • American College of Trust and Estate Counsel

    The American College of Trust and Estate Counsel (ACTEC) is a nonprofit association of lawyers established in 1949. Its members are elected to the College by demonstrating the highest level of integrity, commitment to the profession, competence and experience as trust and estate counselors. All ACTEC members have made substantial contributions to the field of trusts and estates law through writing, teaching and bar leadership activities.

  • National Network of Estate Planning Attorneys

    The National Network is a cooperative alliance of nationally recognized estate planning attorneys from across the country. Together they provide one another with the support and tools needed to serve their clients better while building highly successful and rewarding practices.

  • Society of Trust and Estate Practitioners

    The Society of Trust and Estate Practitioners (STEP) is a unique professional body providing members with a local, national and international learning and business network. STEP provides education, training, representation and networking for its members, who are professionals specialising in trusts and estates, executorship, administration and related taxes. Members advise clients on the broad business of the management of personal finance. Full members of STEP are the most experienced and senior practitioners in the field of trusts and estates.

Recent Articles about Estate and Trust

Law Firms Estate and Trust

Publications for Probate, Estate and Trust

  • ACTEC Journal

    Journal of the American College of Trust & Estates Counsel.

  • STEP Journal by the Society of Trust & State Practioners

    The STEP Journal is published 10 times per year. The STEP Extra, STEP Avanti, STEP Inside (Canada) and TQR are published quarterly. The STEP Journal USA supplement is published twice a year.

  • Trust & Trustees - Oxford Journals

    Trusts & Trustees is the leading international journal on trust law and practice. Established in 1994 by Professor John Goldsworth, this journal has become the most significant source of information on trust law and practice.

  • Trusts & Estates

    Trusts & Estates is the town center where experts who serve the ultra-wealthy's planning needs gather to gain insight into their specialties and to learn about related professions. This community includes attorneys, fiduciaries, accountants, investment advisors, charitable giving specialists, family office executives, insurance agents and valuation experts.