Benefits of Holidays and Vacations

As a frontline medical practitioner for over 20 years, I have been actively encouraging and motivating my patients, relatives, friends and other people to take holidays and vacations on a regular basis. Except for those people who have serious medical conditions, there are no restrictions to travel and enjoy holidays. Even the elderly, disabled or pregnant women (within 28 weeks of pregnancy) can travel as much as anyone else. The benefits of holidays and vacations are numerous, both short-term and long-term, but most people fail to appreciate the benefits. As a result, only a small percentage of people worldwide travel and harvest the benefits of holidays and vacations. Research has shown that even workers who are offered paid vacations by their organizations do not take advantage of such offers to take some weeks off their work.

In this article, I will briefly highlight some benefits of holidays and vacations.

Longer and healthier life

A recent survey conducted by the State University of New York has shown that people who take holidays regularly every year reduce their risk of early death by about 20 percent. The survey also revealed that those who did not take any holiday in 5 years faced the highest death rate risk, along with higher incidence of heart diseases. This can be explained by the fact that during holidays people are happier, relaxed, carefree, spending more time with family and loved ones, and away from the regular stressing environment. A happy relaxed life increases longevity.

Improvement in mental health

One study conducted by the Marshfield Clinic, Marshfield and published in Wisconsin Medical Journal showed that women who went on frequent vacations had lower susceptibility to depression, tiredness, or tension and they were more satisfied with their marriages. Women who took rare vacations displayed higher stress levels in their homes, felt more exhausted and tired and slept lesser. It is without doubt that regular holidays will not just relax people from the stress accumulated during the day to day hectic life in the short-term but also will improve the overall mental and psychological well-being of an individual in the long-term. Many researchers have shown that depression increases the chances of heart disease. Since holidays provide a break from the normal boring routine, they also help in relieving the symptoms of depression.

Revamping of relations

The always busy, work-obsessed and chronically duty-minded culture of people of modern life has indeed taken a heavy toll not only on our physical and mental health but also on our relationships. People do not have much time to spend with their partners, children or families. As a result, there is disharmony in the family, children are not looked after well and there is increased tension between partners, which has responded in increased number of separations, divorce and other maritime conflicts. Taking regular breaks from work and enjoying holidays and vacations not only revamps the strained and estranged relationships but also renews and strengthens family relations and bonds.

Improvement in self-confidence

When we travel, we encounter various types of situations and meet different kinds of people. Such encounter improve our self-confidence. It also helps improve our social skills and prepare us for unexpected or unknown.

Creative inspiration through holidaying

When we do the same thing again and again, it becomes monotonous and stereotyped. This is what has happened to us in today's world. We have become victims of monotony that has gradually crept into our system and destroyed our creative abilities, new thinking processes, and inspirational opportunities. When we travel, we come across new situations and different environments. Such situations can induce and help develop the creativity within us.

Increase in productivity

Many studies have shown that holidays not only motivated people to work better but the relief from the monotony also rejuvenates people, resulting in higher productivity.

Seeking adventure

Holidaying is a time to pump adrenalin for many adventure lovers. This is a chance to make their dream come true and try manyaring sports and adventures, such as bungee jumping, water rafting, surfing, mountaineering and many others. Such adventures give people a sense of achievement and happiness.

Mental and psychological escape

Many people these days view holidaying as a form of mental or psychological escape. The change in atmosphere, climate, scenery, quiet surroundings, slow pace of life, and clean air is considered by many travelers as pathway to happiness and spirituality.

Improve physical fitness, and lose weight too

Obesity has become a global epidemic. Holidays and vacations can at leastduce people to do some form of exercise. They have more time and any form of physical activity (and away from TV and video games!) Can help lose weight. If they can continue the same sort of exercises once they are back home, it can at least help people change their habit and lose some weight at the same time. Losing weight not only improves the physical fitness and appearance of a person but also reduces the chances of getting depression, some cancers, heart diseases and other conditions.

In conclusion, holidays and vacations not only bring joy, excitements, fun and break in the usual monotony of life, but they also have far reaching effects in the long-term including improvement in physical and mental wellbeing, longer and happier life, revamping relationships , Improving self confidence and productivity, and instilling creative inspiration within us.

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Construction Site Management – Accessibility

Construction sites offer different challenges as far as accessibility is concerned. This follows the fact that there is a mass movement of men (labor) as well as material haulers. These range from pick up trucks to trailers. Depending on the items being moved, the weight is different and as such the capacity of the route to and from site should match these requirements. There will also be visitors in light personal vehicles, especially consultants and prospective property buyers in case of commercial projects or prospective tenants in case of residential or other rental spaces. The available or provided access should well cater for these requirements as far as is possible. The different site conditions include;

· Virgin sites: This reflects to a new site where no other construction activity has been done before. This means that there is no access to the specific point of construction. Where such route may be available, it may not be sufficient and may need improvement. This may include works like cutting down trees, cutting high sections and filling low ones, dumping murram or other appropriate material. It will also include compact, wetting and curing of the dumped material. Being a new and sometimes temporary route, it will need maintenance. Where such access is to pass through other people's property, appropriate permissions should be thought. The local authorities must also be informed and provided with plans like ways of averting problems like ecological disturbance. It is usually wise to have the access route for construction being also the permanent access to the permanent route for accessing the completed facility.

· Existing sites: These are sites that have already been built upon previously. They may have existing access. The only hurdle would be where such access is still in use by others, as it will create an inconvenience and delivery use may be regulated to low peak periods only. There could also arise the need to provide alternative routes for the existing users. A good example here is road maintenance or improvement works, wherey diversions are created and maintained in good order during the construction period. Appropriate arrangements should be made to minimize inconvenience as well as prevent accidents.

· Tight Sites: These are unique sites in the fact that they have minimal space for maneuverability. Examples here are found in town centers or institutions. Regulation here is very strict and as such stringent measures should be put in place to follow such regulations. These sites are very difficult to manage as far as accessibility is concerned. An example is where concrete is to be delivered on site already mixed (In premix trucks). This presents the headache of timing as well as preventing inconvenience to other users.

The provision of access to sites should be a well thought out activity. Maintenance should be in top priority. The design of such access roads should also cater for the traffic envisaged for the said project. Road signage and other such furniture should also be provided and well maintained.

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Insurance Claims – Get an Advance Payment!

Insurance claim advance payments are not widely known by people who file claims. Often, when an insured has a loss of significant size, such as a flood, tornado, wildfire, hurricane loss or a big water damage loss, an advance payment of a portion of the anticipated settlement is issued by the insurance company. This situation also happens regularly when a business has a loss and needs money up front.

It is a customary and widely accepted practice for the insurance company to issue an advance payment in this type of instance. Be aware that there’s nothing in the standard property insurance policy that deals with advances. It is usually just a courtesy that the insurance company extends to their policyholder.

However, they don’t usually offer to do it. You have to request the advance.

Here’s an example. Joe Smith’s house is hit by lightning, and a fire damages most of the house. Joe’s policy has Building limits of $100,000, Contents limits of $50,000, ALE limits of $20,000. The house can be repaired for $70,000, which is less than the policy limits. However, the adjuster expects that the Contents loss will exceed the policy limits of $50,000, and the ALE loss will be $15,000. The adjuster sends in his first report to the insurance company, and tells them to expect the loss to be approximately $135,000 on these three parts of coverage.

The insurance company could easily issue an initial advance payment of $25,000 to $35,000 for Contents and ALE, and $40,000 to $50,000 for the Dwelling loss.

So, what do you do if your Contents are damaged and you need the most basic things, like a change of clothes and shoes? What if you need to have a contractor secure the building and put tarps on the roof to keep further rain out of the building? Most people do not have tens of thousands of dollars just lying in their bank accounts that could be used to begin repairs, or begin replacing personal property. That’s when the insurance company issues an advance.

It’s best to make your request in writing. Even if it’s just a hand-written letter, it’s best if it’s in writing. Write or type your request, keep a copy for your records, and give the copy to your adjuster. It’s also a good idea to send a duplicate copy to the claims department of your insurance company. Send it by overnight courier or certified mail. NEVER rely on the adjuster to ask for an advance on your behalf. He might get delayed with other work and it could be days before he asks. DO IT YOURSELF.

Take control of your claim, my friend! Make an EARLY request in the claims process for your advance payment!

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Traveling Has Great Educational Value

The value of traveling as a part of education is great. Books give the students the theoretical knowledge. It is a second hand knowledge based on the experiences of others. Traveling gives students first had and practical knowledge. Such a knowledge is more valuable and permanent. Personal and practical experiences are never forgotten. They stand us in good stead throughout the life.

The value of tours, excursions, expeditions etc., during school and college days is of much practical importance. They strengthen learning and make education easy and entertaining. The lessons of history, geography, economics, science etc. can be best learnt by traveling to historical sites, places of natural interest, factories, great laboratories and national institutions. Lessons in ecology, environment and forest preservation become easier by visiting slums, industrially degraded places and forests. That is why such a great importance is attached to educational tours, expeditions and excursions. The problems of poverty, over-population and slums become clearer by visiting the living conditions of the villagers and slum-dwellers. Lessons in history become a mere book-learning without a visit to museums and historical places.

Education is an ever ongoing process. It does not stop wit leaving a school or a college. Life itself is the biggest school and experience the biggest teacher. Travel takes us to various places and people. It provides us with many new and rich experiences. We come into contact with new people, things and places. The practical knowledge obtained through traveling is matchless. Traveling is essential to understand people, places and things.

Travel widens our horizon of knowledge. It broadens the mind and enlarges the heart. It is ever enjoyable and entertaining. Modern means of traveling are very fast, easy, economical and convinent. Their speed, safety and reliability is beyond doubt. Students can easily to on tours and expeditions and obtain rich, practical and much valuable education. The more travel there is, the richer and wider is your training and education. Travel in the young age is a part of education. Travel teaches the students about the oneness in the variety and diversity of life.

Travel promotes feelings of tolerance and brotherhood. It grows and promotes feelings of nationalism. Travel is a good means to know one’s country, people, culture and history. It increases business and commercial activities. It brings people closer. Promotion of cultural, social and national activities are part of liberal education. It is through traveling that warm, true and genuine friendship and brotherhood can be formed. Travel changes our attitudes favourably. It makes us enlightened intellectually.

A student who never goes out of his city or town has a narrow vision. His outlook is limited and bookish. He fails to can never realise the real greatness, strength and glorious culture of the country. By traveling he can easily learn and imbibe the integrity and unity of India. It is rightly said that home-keeping youth has ever homely wits. Learning is not complete without traveling.

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Difference Between Employers’ Liability Insurance (ELI) and Workers Compensation Insurance (WCI)

Employers’ Liability Insurance (ELI) and Workers Compensation Insurance (WCI) are two important insurance covers to protect the interests of employees, as well as employers. There are, however, certain differences between the two. Due to these differences, it may result in wrongful litigation and consequently anxiety to parties involved. The differences between ELI and WCI are relating to where they apply and what they cover. We will discuss about them here briefly.

Where they apply

Employers’ liability insurance

As an employer, it is mandatory for you in UK to purchase employers’ liability insurance. Not purchasing attracts penalty under law. In certain situations your employees may feel that you are liable for job related illness/injury which they may sustain and they sue for this. If it is really a case, it may bring in expenses such as hospitalization, financial compensation and the like. ELI helps you under such circumstances.

While it is mandatory for you as an employer to have ELI, your employees need to prove that the job related injury/illness is because of your negligence. Imagine yours is a lumber business. While working, your employees should have the necessary equipment, training and skills to operate them. If you employ them without teaching the safety norms, imparting the training and checking the fitness, and they sustain injuries, it will amount to your negligence as per rules framed under Employers’ Liability Insurance Act and employees are likely to feel appropriate to sue you, because you are liable.

Workers compensation insurance

On the other hand, workers compensation insurance is a cover for the welfare of the employees. It depends on the circumstances that are the tone of relation between employer and employees. Thus, if you are more concerned about employees’ health and safety, you need to purchase this insurance. It does not matter whether it was your fault or your employees’ fault that resulted illness, accident or death, this insurance comes to your help.

Coverage

Employers’ liability insurance

As an employer, you have to go to court of law if the affected employee sues you. You need to pay financial compensation and bear the hospitalization and medication. ELI covers all these expenses.

Likewise, for employees ELI covers the permanent and temporary disability, injury and wrongful death at workplace. It covers the cost of litigation as well.

Workers compensation insurance

For employers, WCI is a Good Samaritan. In most cases, it ensures that your employees do not resort to litigation. However, in such unfortunate event, WCI covers the expenses because of litigation. It covers the financial expenses to be given to the affected employee for work-related injury, illness or even death.

Employees when inured at workplace, under WCI, are guaranteed to get compensation from the employer to cover medical and hospitalization expenses and certain portion of wages. In most cases, it is two-thirds or more. WCI covers the expenses on litigation, by the employee. In general, WCI takes care of the situation and makes sure that litigation on the part of employees is avoided.

WCI covers compensation (wages) in case of a temporary disability for the period of absence. If the individual got permanent disability, and not fit for employment in current occupation, WCI covers the expenses of vocational training and rehabilitation and cost of searching a job, if he wants.

Despite both ELI and WCI are meant to protect the interests of employees and employers, there are differences in the way they apply. You need to understand them and purchase a cover according to the need of your business.

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The Different Types of Home Insurance HO-1 to HO-8

People that are concerned with their house always try to do the best thing for it. You want to ensure the financial security of it in the event of disasters damages and other occurrences.

It is important that one should have home insurance to protect the expensive investment you have and provide security for any damages might occur to the house.

Here are the different types of home insurance:

  • HO-1 Known as Basic Home Owners Insurance: This covers your dwelling and personal property against damages or losses including fire and lightening, theft, vandalism or malicious mischief and windstorm
  • HO-2 Known as Basic Homeowners Insurance Plus: HO-1 is included in this kind of categories plus other damages such as falling objects, electrical surge damages, 3 categories of water related damages from utilities or appliances, weight of ice snow,
  • HO-3 Known as Extended or Special Homeowners Insurance: 17 stated perils included in this categories of HO-2. This provides extensive coverage of your home like the structure and the content inside your house. This cover large area of your homeowners insurance also known as All Risk Policy.
  • Ho-4 Known as Renter Insurance: This kind of insurance cover the personal property only from the 17 HO-2 perils in which this policy are highly recommended for people renting an apartment which is also called as Renter’s Policy.
  • HO-5 Known as All Risk: which covers building and the personal property and is something similar to HO-3 but it differs in terms which have better protection than HO-3. This cover larger area of damages or losses with wider boundaries that owners and its properties as well is liability that might arise from passer -by or outsider.
  • HO-6 Known as Condominium Owners Insurance Coverage: This is designed for condominium owner’s which covers personal property, building items, etc. and this provides protection for claims made for mishap or damages occur. Fire, thefts and other forms of loss that will occur in the future is included.
  • HO-8 Known as Basic Older Home Coverage: Covers actual cash values or repairs in rebuilding cost and personal property where in this is designed for older house or so called historical house.

These are some of the different types of home insurance that you need to know before you get your coverage. You should know the different types you want to buy to satisfy your needs and the benefits you can get from this types of coverage.

Buying is easy but you need to look at your budget on where your money fall in on what type of insurance you can buy. Shopping is the best way to do before buying. Comparing prices from one insurance company to other is where you can get the cheaper price for your home insurance.

No time to go around to shop? There is an easy alternative way to shop without hassle and you own your time. You can go shopping online through the internet where you can explore the different types of homeowners insurance you need and you can easily compare the prices. Lots of sites to go 24/7 and not only you will learn a lot but it also give you some idea where to go next time you need something and you need to shop for it.

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Different Types of Life Insurance Policies Available in India

Life insurance is one of the fastest growing financial service sector in India. Currently, there are 24 life insurance companies in India offering various kinds of life insurance policies with many benefits and riders. The main purpose of taking life insurance is to provide financial protection for the dependents of a person in case of his death.

There are some life insurance policies which have inbuilt wealth creation or investment plans along with insurance. Also, these products are offered as specific tailor-made products for different life stages like, child plans, retirement plans, pension plans etc. A few products offer loan facility along with the life insurance plan. Also, all life insurance premiums offer tax benefits to the insured, as per the Indian Income Tax Act.

Here under are different types of life insurance policies that are being offered in India.

Term insurance policy:
Term insurance offers financial protection for the family of the insured in case of his sudden demise. It is the cheapest life insurance policy that offers high sum assured at low cost. This policy provides insurance cover for a period of time. In India, almost all life insurance companies offer term insurance with different product names. The term policy will be usually available for 5, 10, 15, 20 or 30 years. The policyholder does not get life cover after the completion of the term policy. Further, in India premium paid on term insurance is eligible for tax exemption under section 80C of Income Tax Act in India.

Money-back policy:
Under this policy, certain portion or percentage of the sum assured is returned back to the insured, in case of survival of policy holder. In the event of death during the period of the policy, the nominee of the policy gets death benefits equal to the sum secured and accumulated cash benefits. The premiums of money-back policy are very high compared to term insurance policy.

The money-back policies are offered for a fixed period of time, usually up to 25 years and the policyholder pays a fixed premium periodically (monthly, quarterly, annually) during the policy period. The premiums paid on money-back insurance policies are eligible for tax exemption under section 80C of Income Tax Act in India.

Whole life insurance policy:
As the name suggests, the policy covers risk for an entire life of the policyholder. This policy continues as long as the policy holder is alive. The policy offers only death benefits to the beneficiary or nominee in case of the death of the insured. This policy does not offer any survival benefits. So, the whole life insurance policy is primarily taken to create wealth for the heirs of the policyholders, as this policy offers payment of the sum assured plus bonus in the event of the death of the policyholder. The premiums of whole life insurance are costlier than term plans.

The policyholder pays premium for whole life or till some age (say 80 years) or for some period of 35-40 years based on the terms and conditions of the policy. The premium paid on whole-life insurance policies is eligible for tax exemption under section 80C of Income Tax Act in India.

Endowment insurance policy:
It is a savings linked insurance policy that provides cover for a specified period of time. The policy holder receives sum assured along with bonus or profits at the end of the policy in case of its survival. This policy is best for those people who do not have a savings or investing habit on a regular basis. In case of the death of the policy holder before the maturity of the policy, the beneficiary of the policy receives only the sum assured amount.

The premiums of the endowment policies in India are costlier than term life and whole life insurance premiums. Also, the premiums paid on endowment insurance policies are eligible for tax exemption under section 80C of Indian Income Tax Act.

Unit linked insurance policy (ULIP):
It is a special kind of investment tool combined with life insurance and serves as investment-linked insurance policy. In this policy, some part of the premiums goes into life cover and some part of the premium goes into investment.

The policy consists of investment mix where some percentage of the premium can go into 100% equity funds or 100% debt funds or a mixture of both. Here, the policyholder has an option of choosing funds or he can select the strategy of investing. The policyholder can also have the choice of switching from one fund to other fund. The returns from ULIPS are based only on the performance of the funds. The main drawback of ULIPs is that, it contains high charges (responsibilities) for managing funds.

In India, ULIPs allow you to claim tax benefits against the premium payment by two ways – deduction and exemption. You can deduct up to Rs.1 lakh of your taxable income by investing in ULIPs under section 80C of Indian Income Tax Act. You can exempt from gross income under section 10 (10) D for any sum received from insurance.

Insurance policies have a great role to play in assuring tax savings. As per the policy in India, all regular-premium life insurance policies (except pension plans) in India issued after April 2012, should offer protection cover of at least 10 times the annual income to be eligible for tax benefits under section 80C and 10 ( 10) D.

Choose and get a best life insurance policy to protect your family's financial condition in your absence.

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Trusts and Certyty of Intention

This article looks at the requirements and formalities for a valid trust. In UK law, a trust is an arrangement involving three classes of people; A Settlor, Trustees and Beneficiaries. The Settlor is the person who transfers property to the Trust. The Trustees are people who legally own the Trust Property and administrator it for the Beneficiaries. The Trustee 'powers are determined by law and may be defined by a trust agreement. The Beneficiaries are the people for whom benefit the trust property is held, and may receive income or capital from the Trust.

"No particular form of expression is necessary for the creation of a trust, if on the whole it can be gathered that a trust was intended." This statement gives the impression that no formalities are needed, and could be misleading. Although equity generally does look to intent rather than form, mere intention in the mind of the property owner is not enough. For a valid trust to exist, the Settlor must have the capacity to create a trust. He must positively transfer the trust property to a third party trustee or declare himself trustee. Further, he must intend to create a trust, and must define the trust property and beneficies clearly. This is known as the 'three assurances'; Certificate of subject matter, certainty of objects and certainty of intent.

Certificate of intent refers to a specific intention by a person to create a trust arrangement wheree Trustee (which may include himself) hold property, not for their own benefit but for the benefit of another person.

It is clear when trusts are created in writing and on the advice of legal professionals that intention is present [Re Steele's Will Trusts 1948]. However, no particular form of words is needed for the creation of a trust and here the equivalent maxim, "Equity looks to intent rather than form", applies. It is therefore sometimes necessary for the Courts to examine the words used by the owner of the property, and what obligations if any the Owner intended to impose upon those receiving the Property.

It is not necessary that the Owner expresses calls the arrangement a trust, or declares himself a trustee. He must however by his conduct demonstrate this intent, and use words which are to the same effect [Richards v Delbridge 1874]. For example, in Paul v Constance 1977, Mr Constance did not express declare a trust for himself and his wife, but he did insure his wife that the money was "as much yours as mine". Additionally, their joint bingo winnings were paid into the account and withdrawals were considered as their joint money. The Court therefore found from Mr Constance's words and conduct that he intended a trust.

Certiety of intention is also known as certainty of words, although it has been suggested a trust may be infringed just from conduct. Looking at Re Kayford 1975 1All ER 604, Megarry J says of certainty of words, "the question is whether in substance a sufficient intention to create a trust has been identified". In this case, Kayford Ltd deposited customer's money into a separate bank account and this was held to be a "useful" indication of an intention to create a trust, although not definitive. There was held to be a trust on the basis of conversations between the Company's managing director, accountant and manager so words were necessary for the conclusion.

In contrast, where the word 'trust' is expressly used, this is not a comprehensive evidence of the existence of a trust – the arrangement may in fact institute something very different [Stamp Duties Comr (Queensland) v Jolliffe (1920)]. For example, the deed may contain words such as "On trust, with power to appoint my nephews in such shares as my Trustee, Wilfred, shall in his absolute discretion decide, and in default of appointment, to my friend George". Although professing to be a trust, Wilfred is not under an obligation to appoint the nephews and provision is made for the property to pass to George if he does not. This is therefore a power of appointment, not a trust [eg. Re Leek (deceased) Darwen v Leek and Others [1968] 1 All ER 793].

Sometimes in a will, the owner of Property will use 'precatory' words such as expressing a 'wish, hope, belief or desire' that the receiver of property will handle it a certain way. For example, in Re Adams and Kensington Vestry 1884, a husband cave all of his property to his wife, "in full confidence that she will do what is right as to the disposal between between my children …". The Court held that the wife may have been under a moral obligation to treat the Property a definite way but this was not sufficient to create a binding trust. Precatory words can still sometimes create a trust. In Comiskey v Bowring-Hanbury 1905, the words 'in full confidence' were again used, but the will also included further clauses, which were interpreted to create a trust. The Court will look at the whole of the document to ascertained the testator's intention, rather than dismissing the trust because of individual clauses.

There are further formalities required for certain types of trust property, and for a trust to be valid, title to the trust property must vest in the Trustee, or, the trust must be "constituted". This might be done for example, by delivery for chattels or by deed for land. If the trust is not properly constituted, the proposed beneficaries have no right to compel the Settlor to properly transfer the Property, as 'equity will not assist a volunteer'. The exception to this is where the beneficiary has provided consideration (including marriage) for the Settlor's promise, in which case, there would be a valid contract and the Beneficiary could sue for breach.

Where a testamentary trust of land or personalty is purported, the will in which it is contained must be in writing and executed in accordance with Section 9 of the Wills Act 1837, which means the Will must be signed by the Testator in the joint presence of Two witnesses, and then signed by the two witnesses in the presence of the Testator.

Where a Settlor wants to create an inter vivos trust of personalty, the formalities are minimal. Under the usual requirements for a trust (capacity, the three responsibilities etc), the Settlor must observe any formalities required to properly transfer the Property to the trustees – for example, the execution and delivery of a stock transfer form for shares.

To create an inter vivos trust of land or of an equitable interest in land, in addition to the formalities of transferring the land, the declaration of trust must be in writing and must be signed by the person able to create the trust – ie, the Settlor or his attorney [S.53 (1) (b) Law Property Act 1925]. Where this formality is not accepted, the Trustee would hold the land on trust for the Settlor rather than the Beneficiary. The exception is where the rule in Strong v Bird 1874 applies – the Settlor intended to make an immediate unconditional transfer to the Trustee, the intention to do this was unchanged until the Settlor's death, and at least one of the Trustee is the Settlor's administrator or Executor. In this case, as the property is automatically vested in the Settlor's personal representatives and the trust is constituted.

It is sometimes stated that no particular form of expression is necessary to create a trust if intention was present. Clearly this is not the case. There are formalities for creating inter vivos land trusts and testamentary trusts and if these are not followed, the trust will fail without consideration has been provided or the rule in Strong v Bird 1874 applies, even if the Trustee had the best intentions. Further, the form of words used in those formalities must be clear and unambiguous, or they may not amount to a trust. He goes on to say that 'a trust may be created without using the word "trust"' and this is true in that other words and conduct to that effect are sufficient. However, the Court does not just regard the 'substance' of the words. If the word used does not meet the 'three assurances' or, for example, the person making the declaration does not have the capacity to make a trust, the trust will fail. This is clearly not the desired 'effect' and not the owner's intention.

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What Does Liability Mean on Your Car Insurance?

Liability insurance is very important and most state auto insurance laws require that an individual maintain at least liability insurance on their automobile. What it does is protect you against costs that are associated with the damage and injury of another in an automobile accident in which you may be deemed at fault.

There are two parts to the policy. There is property damage liability and bodily injury liability. It is pretty easy to guess that property damage liability is going to protect you against any cost and damage that is associated with damaging another person’s physical property and that bodily injury liability is going to protect you against the personal injury inflicted on someone else as a result of the accident.

Usually, there are some numbers that a person may see on their policy. These numbers usually look like this: 50/100/25. Now what this means is that the policy is split up into three different amounts each policy can be different depending on what the individual chose when they opened the policy. In this case, 50/100/25 means that the insurance will pay for the bodily injury of an individual in an amount up to $50,000, will pay for the bodily injury costs on everyone in a vehicle in an amount up to $100,000, and will pay property damage costs up to $25,000.

Every vehicle requires its own level of liability insurance depending on what state you are located in. It is important to know what your state’s auto insurance requirements are so that you have an idea of what you would have to pay in your insurance premium.

The cost

Liability insurance is cheaper than full coverage insurance that also includes damages from theft, natural disaster, and vandalism. Liability only covers costs associated with an accident so that you do not lose your hard earned assets in a lawsuit. There are have been cases in which a person has been sued for more that what they have in coverage, but the liability insurance does lessen the blow. However, a person can pay for different levels of liability insurance to ensure that they will not be “taken for everything they’ve got.” Not having enough insurance can still have a heavy impact on a person’s life when an accident occurs.

No one intends on hurting another and they usually do not purposely engage in an auto accident because there is so much trouble involved, including the possible loss of the vehicle. That is why it is important to carefully assess how much car insurance you think you will need. Liability insurance is rather affordable. Some states have a minimum requirement of 20/40/10, but you could carry something such as a 50/100/50 if you think you need it. The cost is still not going to be much.

Just remember…

Don’t forget that if you set your limits too low you could be setting yourself up for financial disaster even though you have insurance. This is to be considered carefully. It is easy to make the decision to save money by paying the lowest premium possible, but paying the lowest premium possible could later result in the loss of your assets. It is also important to remember that liability just covers bodily injury and property damage. If a tree falls on your home during a wind storm, it is then time to assess your options. However, liability insurance will protect you from those nasty lawsuits that may come your way as a result of an accident. That in itself makes it more than worth the money because you have the peace of mind that most or all your assets are protected.

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Real Estate Agents – Strengths and Weaknesses in Listing Commercial Property Today

In this commercial property market there are some real pressures and challenges that confront a lot of property owners when they want to sell or lease their property. They need the help of top agents that really understand the local area, to help in moving the property.

Contrary to popular belief, it is in markets like this that good agents can make a lot of commission. It all comes down to the way in which they package their services and help their clients.

In simple terms, top agents and experienced agents can do very well today providing them work the local area and their database. A good database will always get you through any market conditions and frustrations. In saying, that I am a big believer that a salesperson's database should not be delegated to the office administrative staff to control.

Every salesperson should take ownership of their database; In this way they will get good activities from it. In this market you need leads that you can do something with. When a database is passed over to the administrative staff to control, the inevitable result is inaccurate and old data. The database soon becomes redundant. The salesperson does not keep it up to date.

Become Change Agents

So we are the 'agents of change' when it comes to helping our property clients an owners get results in this market. We should know how to attract the right people to every property listing that we take on. Exclusive listings are more important in today than ever before. Some top agents will not take on 'open listings' for the very reason that they are a waste of time and effort.

When you know the drawbacks of the industry and the listings today, you can offer the clients that you serve some solid solutions. So what are the drawbacks? Here is a list of some of the larger ones:

  1. The time that it takes to sell or lease a property can be longer today. Every client has to be conditioned for the best price or rent so the time on market is not lengthened. The first few weeks of every marketing effort are the most important. Position the property correctly to get the best inquiry in this time.
  2. High prices and high rents will achieve nothing. The price or rent for the property should be optimized for inquiry. You have to do more with less when it comes to marketing and inspecting of properties.
  3. A larger number of competitive properties can frustrate your marketing efforts and time on market. Check out these properties before you do anything with your listing.
  4. Buyers and tenants are slower to inquire, inspect the property, and then make a decision. Your skills with each stage of the listing should be optimized. Hone your skills accordingly.
  5. Limited finance can put some 'brakes' on the larger deals. Find out where your prospects can get finance from and what the criteria of approval may be.

Whilst these may be drawbacks in the market, they are also opportunities for agents that can get focused and organized. Every problem is an opportunity in disguise.

Are you a solution provider in this commercial real estate market? Top agents are just that. You can be too.

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