Last evening, while viewing the website of the Pennsylvania Bar Institute, I noticed a "freebie" well worth your attention, if you need to know about the Pennsylvania Uniform Trust Code -- a 23-page detailed explanation & analysis of Act 98 of 2006 (the PA UTA). And you can get it for free. (Did I already say that?)
[NEH Note on 05/21/07: This particular offer by PBI ended on Monday, May 21st, as indicated in the Update below. The PA UTA E-Pub is still available from PBI, but now by purchase instead.]
I have repeatedly posted on this Blog (as indicated under its label, "Trusts") about the PA UTA, which took effect in November, 2006. I have cited to continuing education courses, speaker presentations at bar association & estate planning council meetings, and a few available online resources. But, outside of course materials, such available references have remained only an overview.
But now, for free (sorry . . . I won't say that again), and likely for a very limited time (perhaps only until the end of this week), you can download, in PDF format, a detailed outline about the PA UTA, written by an expert.
Edward ("Ted") M. Watters, III, Esq., of Pepper Hamilton, LLP, in Philadelphia, prepared materials entitled "The Pennsylvania Uniform Trust Act: The Most Frequently Asked Questions, and Some Answers", for use in his presentation in November, 2006, at PBI's Estate Law Institute. He later utilized the same materials for his January, 2007, presentation at the "Gulf Coast Estate Law Conference". See: PBI Publication No. 4697. These are the materials that you can have, for . . . your use.
Ted serves as Chair of the Decedents Estate Laws Advisory Committee of the Joint State Government Commission. He also served on the PA UTA Drafting Subcommittee, & then lectured at the PBI statewide course on the PA UTA. I consider him one of the six most qualified people* in Pennsylvania to teach about the PA UTA.
You would be foolish not to obtain his materials, since you can get them for . . . future reference.
You can view the Table of Contents of his materials here (PDF, 90 KB, 2 pages.):
Brief History of the Uniform Trust ActYou can place an order (after you register) -- with no remuneration, consideration, or compensation expected by PBI, which is acting gratis, pro bono, and el cheepo, for your betterment -- here.
I. An Overview
II. General Comments about the Pennsylvania Trust Act
III. Highlights of Act
A. Definition of Beneficiaries
C. Details about Notices – Who? – New Definitions
D. Details about Notices – How, What and When
E. Recognition of Revocable Trusts as Will Substitutes
Comparisons – Wills and Revocable Trusts
F. Virtual Representation in Litigated and Non-Litigated Trust Matters
G. Modification and Termination of Irrevocable Trusts
H. Effect of Spendthrift Clause
I. Removal of Trustees
J. Trusts Presumed to be Revocable
K. Compensation of Trustees
L. Limited Codification of Laches Doctrine
M. Successor Trustees Responsible for Acts of Prior Trustees
N. Trustee Powers
O Mandatory Rules
P. Oral Trusts
I downloaded my copy yesterday (thank you very much).
I'M FREE - I'm free,
And freedom tastes of reality,
I'm free - I'm free,
An' I'm waiting for you to follow me.
If I told you what it takes
to reach the highest high,
You'd laugh and say 'nothing's that simple'
But you've been told many times before
Messiahs pointed to the door
And no one had the guts to leave the temple!
I'm free - I'm free
And freedom tastes of reality
I'm free - I'm free
And I'm waiting for you to follow me.
On May 17, 2007, Susan Swope, of the Pennsylvania Bar Institute, had sent me an email message, commenting on my posting about the . . . PA UTA E-Pub document:
The UTA stuff will be free until Monday. Then it's another e-pub's turn. ("Free E-Pub of the Week"). It's part of a system we've put in place to draw people to our website and to promote our e-pubs.True to her word, on Monday, May 21, 2007, the PBI Home Page shows another document ("Equitable Distribution Cases 2006") as being available as an "E-Pub", in place of that PA UTA document offered last week.