Property (Wills and Other Donative Transfers) Image
Restatement of the Law Third,

Property (Wills and Other Donative Transfers)

This work is a culmination of ALI’s 20-year project to update the law of wills and succession. It is a comprehensive treatment of the American law of wills, will substitutes, intestacy, gifts, powers of appointment, present and future interests, and the construction of donative documents. The coverage includes subjects in the Restatement of Property and the Restatement Second of Property (Donative Transfers), both of which are now superseded. 

Note: Volume 3 is currently out of stock until the first quarter of 2025.

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  • Official Text Volume 1 Image
    Official Text Volume 1
    500 pages, 1999, #6133

    This volume offers a comprehensive treatment of the law of probate transfers by wills and by intestacy, articulating rules for probate transfers that seek to give effect to the donor’s intentions while providing safeguards against the defeat of those intentions by fraud or mistake. Subjects covered include definitions and basic principles, intestacy, will formalities, the harmless-error rule, revocation of wills, revival of revoked wills, and post-execution events affecting wills, including ademption and lapse.

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  • Official Text Volume 2 Image
    Official Text Volume 2
    513 pages, 2003, #1R3WDTV2OT

    This volume begins by restating the law of nonprobate transfers such as gifts and will substitutes. It continues with a consideration of protective doctrines such as mental incapacity, minority, and undue influence, as well as of protection for surviving spouses and of premarital and marital agreements. Mortmain is abolished. The final unit covers construction, reformation and modification of donative documents.

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