LibGuides: Wills, Trusts &amp; Estates: Restatements & Treatises

Restatements in Lexis & Westlaw

Restatements of the Law are frequently cited secondary sources published by the American Law Institute (ALI). According to ALI's FAQs, Restatements are "primarily addressed to courts." A Restatement section generally includes: "black letter" law in bold text; a Comment (which includes illustrations); a Reporter's Note; & Case Citations (to decisions that cite to a Restatement section). For a more detailed description of Restatements, see this BLS Library LibGuide.

Restatement of the Law, Property 3d Wills and Other Donative Transfers - Official Text
Tip: Log in to Lexis+, then click link above.
The Restatement of the Law Property 3d Wills and Other Donative Transfers contains the Rules, Comments and Notes regarding the common law of property with respect to wills, intestacy, gifts, and powers of appointment. Prepared by the American Law Institute.
Westlaw resource page: Restatement of the Law - Trusts
Note: Restatement (Third) of Trusts superseded Restatement (Second) of Trusts. Both are included in this Westlaw resource page.
Restatement (Third) of Trusts covers matters relating to trusts, legal devices by which one person is enabled to deal with property for the benefit of another person. Restatement (Third) of Trusts deals only in limited ways with matters addressed more fully in Restatement (Third) of Property: Wills and Other Donative Transfers.

Treatises in Westlaw

Bogert's The Law of Trusts and Trustees by George Taylor Bogert, George Gleason Bogert & Amy Morris Hess.
Available in Westlaw. Updated Feb. 2024.
This very useful treatise on trusts includes the modern field of trust uses and how to plan and use trusts in personal estate planning. It is regularly updated. It includes case citations, practical guidance and forms.
Estate Planning Law and Taxation by David Westfall & George Mair
Available in Westlaw. Updated Feb. 2024.
This treatise covers estate planning techniques and their consequences in relation to income, gift, estate, and generation-skipping taxes. It uses specific examples and points out the pros and cons of various tax planning scenarios.
International Income Tax and Estate Planning (2nd ed.) by William H. Newton, III
Available in Westlaw. Updated annually. Chapters spot-checked stated: Dec. 2023 Update.
Content highlights describe this source as "a practice-oriented treatise containing detailed coverage of United States tax laws and their application to individual and business transactions and events which cross international boundaries. The content includes coverage of income, gift and estate taxation and planning: Jurisdiction and conflict of laws; Taxation of US persons in foreign jurisdictions; Taxation of non-US persons; Tax treaties; Trusts, partnerships and corporations; Dispositions of assets in estate planning; and Probate and administration."

Treatises in Lexis

Living Trusts: Forms and Practice by Dwight F. Bickel, Michael T. Flannery (revision author) & G. Christopher Wright (contributor to current updates in many chapters)
Available in Lexis. Updated "regularly." Coverage:
Through Nov. 2023 (Release No. 31).
Contains analysis of the law by an estate planning expert and a collection of legal forms to help establish revocable trusts. This is a "practice-oriented" publication.
Page on Wills by Jeffrey A. Schoenblum
Available in Lexis. Updated annually.
This is a seven-volume comprehensive set. It discusses the history of the law of wills and testaments, the elements of the will, testamentary powers, probate contests and much more. It also includes forms.

Additional Treatises Available Through BLS Library

Trusts and Private Wealth Management: Developments and Directions by Richard C. Nolan, Hang Wu Tang & Man Yip, eds.
Publication Date: 2023
BLS patrons: In SARA catalog record, click: ACCESS ONLINE VERSION - EBC. First-time users of the EBC platform need to click: "Create Account." Single-user access. Off-campus use requires implementation of the BLS proxy instructions for 1 web browser.
According to the publisher's book description, this essay collection includes chapters about "legal issues in relation to Asian wealth transmission, investments in international real estate, familial disputes, family offices and private trust companies. Chapter 3 of Part I, "Asian Wealth in the United States: Some Legal Answers and Policy Questions" should be particularly useful for American attorneys whose estate planning clients are, for example, Chinese or Japanese citizens with residential property in the United States.
The Fraudulent Transfer of Wealth: Unwound and Explained by David J. Slenn
Call Number: KF1534 .S54 2022 (Main)
Publication Date: 2022
This book includes the chapters: Fraudulent Transfer Law and Wealth Transfer Planning and Fraudulent Transfer Law Issues for Planners.