Product Description

Recent updates:

• Update: March 2017

  Dear Subscriber:

  Thank you for choosing to keep your copy of Drafting Wills and Trusts in Massachusetts current with this 2017 update. Inside, you will find new analysis, new primary law, and new practice tips on matters such as the following:

  • Provisions regarding pecuniary payments. Chapter 5 contains guidance as to a situation where a gift will lapse even in the instance where a survivorship is specified.

  • QDOT trusts-foreign tax treatment. See chapter 18 for a caution regarding the situation where a surviving spouse already lives abroad, where it is anticipated that the surviving spouse may move abroad after the death of the decedent, or where the QDOT will hold foreign property.

  • Trust payments made during the settlor's lifetime. Chapter 24 offers several new sample clauses, guiding drafting on the delicate topic of expanding use of the settlors assets upon the settlor's "incapacity" or when the settlor is "not of legal capacity."

  • Ascertainable standards-marital and nonmarital. See chapter 35 for new sample wording for ascertainable standards clauses, along with a Practice Note discussing the significance of the (subsequently overturned) 2015 opinion of the Massachusetts Appeals Court in Pfannenstiehl v. Pfannenstiehl, 88 Mass. App. Ct. 121 (2015), for such standards as they are stated in discretionary trusts.

  We at MCLE trust that you will find this new material useful in your law practice, and valuable in keeping your law library current.

  Cordially,

  Maryanne G. Jensen, Esq., Director of Publications

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