illusory transfer doctrine

illusory-transfer doctrine. The rule that the law disregards an inter vivos gift over which the donor retains so much control that there is no good-faith intent to relinquish the transferred property. • The illusory-transfer doctrine is usu. applied to inter vivos trusts in which the settlor retains an excessive control or an interest — for instance, one in which the settlor retains the income for life, the power to revoke, and substantial managerial powers. The leading case on this doctrine is Newman v. Dore, 9 N.E.2d 966 (N.Y. 1937). See colorable transfer under TRANSFER.
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译者Mathew,国际知名法学院国际仲裁与争端解决专业,擅长翻译各种与美国国内仲裁相关的法律文件。
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