The Current State of Estates

https://larc.cardozo.yu.edu/flyers-2022-2023/1039/thumbnail.jp

Trusts and Estates Attorney Panel and Networking Reception

https://larc.cardozo.yu.edu/flyers-2023-2024/1037/thumbnail.jp

Wealth Disparities in Estate Planning

https://larc.cardozo.yu.edu/flyers-2022-2023/1043/thumbnail.jp

Professor Sterk & Cardozo Trust & Estates Law Society Invite You To: Surrogates and Sushi

https://larc.cardozo.yu.edu/flyers-2022-2023/1088/thumbnail.jp

Parenthood, Genes, and Gametes: The Family Law and Trusts and Estates Perspectives

This Article proposes a solution to resolve the legal issues that arise from the disposition of eggs, zygotes, and sperm upon divorce or death. I address two overlapping issues in family law and trusts and estates law: (1) whether the partner seeking procreation may use gametic material over the objections of the other partner and (2) how should the use of donated, willed, or marital gametic material affect the legal determination of parenthood? In family law cases, courts generally rule in favor of the person seeking to avoid procreation, regardless of any evidence as to the intent of the parties. In trusts and estates cases, however, courts typically attempt to ascertain the testator’s intent. In both contexts, courts, as well as legislatures and scholarly commentary, emphasize biology and genetic connection. This Article proposes a solution that respects both biology and intent by addressing the competing rights of avoiding and allowing procreation. Specifically, I argue that courts must “break the link” between biological and social parenthood when deciding cases that involve issues of family law and trusts and estates law

Confidentiality or disclosure?

Considers the discretion of the trustees to disclose the settlor's wishes to the beneficiaries of a family discretionary trust. Discusses the confidentiality principle relating to family discretionary trusts and whether a settlor's wish letter falls within the scope of that principle. Sets out the guidance of the court in Breakspear v Ackland for trustees faced with a request for disclosure from a beneficiary

The legal pendulum swings back

Comments on the Court of Appeal judgment in Abou-Rahmah v Abacha on liability for dishonest assistance to a breach of trust. Discusses whether an objective standard should apply to determine whether the accessory acted dishonestly. Reviews case law, examining whether the combined test proposed in the House of Lords judgment in Twinsectra Ltd v Yardley is still good law

Expectations and promises

Discusses the Chancery Division judgment in Thorner v Curtis on a claim by an unpaid farm worker, who was led to expect that he would inherit the farm. Examines whether proprietary estoppel could be proved even if the deceased landowner made no express promise. Reviews case law on proprietary estoppel

Showing interest

Comments on the Chancery Division judgment in Jones v Kernott on the beneficial interests of former cohabiting partners in their family home. Considers whether the partners must have intended to vary their shares when the man stopped paying the mortgage, bought a house in his own name and went to live there. Discusses whether the court could take into account what was considered fair between the partners based on the whole course of dealing, including non-payment of maintenance for children

Week of March 7, 2022 - March 11, 2022

Events occurring this week have been sponsored by: Cardozo ADR Competition Honor Society Cardozo Dispute Resolution Society Cardozo FAME Center Cardozo Family Law Society Cardozo Federalist Society Cardozo For Immigrants\u27 Rights and Equality (FIRE) Cardozo Health Law Society Cardozo Know Your IX Cardozo Public Service Scholars Program Cardozo Startup Society Cardozo Trusts & Estates Law Society Cardozo Women Alumni Group Cardozo Women\u27s Law Initiative (WLI) Chabad at Cardoz