Research guides

Restatement of Trusts

Trusts

"A trust . . . is most frequently a method of disposing of property and of enabling the transferor to provide flexibly for varied purposes and for a number of beneficiaries, often in sequence over time and often including persons yet to be born." Introductory Note to Restatement (Third) of Trusts, at 4 (Am. Law Inst. 2003).

Jenkins has access to the Restatement of the Law of Trusts in print, on the library's Westlaw computers, and on the member database HeinOnline. Use this guide to find out more about this Restatement and how to access it.

Series Information

Volumes 1-2 of the third series of Trusts were published in 2003. Volume 3 was published in 2007, and volume 4 was published in 2012. Select case citation sources to the third series of Trusts may include case citations to all three series of the Restatement of Trusts.

The third series of Trusts: Prudent Investor Rule was published in 1992 as a partial revision of the second series (see Forward to Restatement (Third) of Trusts: Prudent Investor Rule, at IX (1992)). In 2007 the Prudent Investor Rule was incorporated into volume 3 of the third series (see Forward to Restatement (Third) of Trusts, at XI (vol. 3, 2007)).

The second series of Trusts was published in 1959. Select case citation sources to the second series of Trusts may include case citations to the first and second series of the Restatement of Trusts.

The first series of Trusts was published in 1935. Select case citation sources may include case citations to the first series with the second and third series of the Restatement of Trusts.

See the Annotations page of this guide for more information about finding case citations.

Research Tip

For more information about the different Restatement series, see the About the Restatements page of this guide.

Superseded Status

Volume 3 of Restatement (Third) of Trusts "includes work published by the Institute in 1992, prior to commencement of work on the full Restatement Third. This is the Prudent Investor Rule, a rationalization of a trustee's authority to maximize the economic value of the trust estate." Forward to Restatement (Third) of Trusts, at XI (vol. 3, 2007).

"The [Restatement (Third) of Trusts: Prudent Investor Rule] constitutes a project in its own right and is, at the same time, a partial revision of the Restatement Second of Trusts. Several sections of the latter have been fully revised; with respect to other sections, it was sufficient to revise certain portions of the Comments. Taken together these revisions supersede the Restatement Second of Trusts as the American Law Institute's statement of the law on the subject." Forward to Restatement (Third) of Trusts: Prudent Investor Rule, at IX (1992).

For information on superseded status, see the publication page at www.ali.org or contact the American Law Institute.

Parallel Tables

To help researchers navigate between the different Restatement series, ALI includes "parallel tables", found before the index of most Restatement subjects. These tables show corresponding section numbers between two series of Restatements. Some parallel tables may connect section numbers of the final Restatement with one or more earlier drafts. When using these parallel tables to find where an older series (or draft) section is located in a newer series, be sure to check all volumes of the current series - the parallel tables only point to the sections found in that particular volume.

The Parallel Tables found in the back of Restatement (Third) Trusts show corresponding Restatement (Third) Trusts, Restatement (Third) Trusts: Prudent Investor Rule, and Restatement (Second) Trusts section numbers. Volumes 2-4 of Restatement (Third) Trusts should be consulted. (Volume 2, Volume 3, Volume 4)

The Parallel Tables found in the back of Restatement of Trusts (1935) show corresponding Restatement of Trusts (1935), Tentative Drafts 1-5, and Proposed Final Draft section numbers. The same table is found in the back of each volume of the Restatement of Trusts. (Volume 1, Volume 2)

Categories