Category Archives: Succession

Reid Weisbord, ‘Fiduciary Authority and Liability in Probate Estates: An Empirical Analysis’

ABSTRACT This Article presents an empirical analysis of testamentary preferences pertaining to the selection, compensation, appointment, powers, and liability of executors. Often an after-thought in the will-drafting process, such administrative terms deserve careful attention because the executor’s central role in the transfer of property at death is so often a source of posthumous conflict. Prior […]

Dot Reid, ‘Why Is It So Difficult to Reform the Law of Intestate Succession?’

ABSTRACT When those interested in succession law look back in time the current period of its history in Scotland may be perplexing. We have been attempting to reform the law of succession for over thirty years, and although minor ‘technical’ changes have been made the substantive law remains as it has been since 1964. Despite […]

Alexandra Braun, ‘Symposium: Reforming Intestate Succession Law’

ABSTRACT Intestate succession law affects a considerable portion of society, and has serious implications for how wealth is distributed on death, including for questions of wealth equality. Yet, or perhaps precisely because of its importance, it is challenging to design a satisfactory set of intestacy rules, not least because of the need to balance manifold […]

David Horton, ‘Do-It-Yourself Wills’

ABSTRACT Although most testators hire lawyers, others draft their own wills. Some try to comply with the Wills Act, which requires testamentary instruments to be signed by the testator and by two witnesses. Some create holographic wills, which are valid in about half of American states, and must be in the testator’s handwriting rather than […]

‘Electronic Wills Even Further Updated’

“The Uniform Law Commission in the United States has now published the revised text and commentaries to the Uniform Electronic Wills Act adopted at its annual meeting in July 2019 …” (more) [John Gregory, Slaw, 31 October]

Jane Baron, ‘Fixed Intentions: Wills, Living Wills, and End-of-Life Decision Making’

ABSTRACT Contemporary trusts and estates law is built on the premise that individuals can and should have fixed intentions with respect to the disposition of their property at death. These intentions can and should be fixed in a written document, and that document can and should be fixed against other outside evidence of intention. Experience […]

‘Call for Participation – Trusts and Estates Collaborative Research Network of Law and Society Association’

“The Trusts and Estates Collaborative Research invites proposals for (i) individual papers to be organized into panels; (ii) fully-formed panel proposals; and (iii) proposals for other sessions such as Author Meets Reader, Salon, or Roundtable discussions that explore any aspect of the law, practice or effects of trusts, equity, and estates, broadly defined …” (more) […]

Thomas Gray, ‘Succession Law: Reflections and Directions’

INTRODUCTION Succession law impacts the lives of all Australians. The transfer of property from one generation to the next is a rite of passage, and the making of a will is considered a ‘social norm’. It is estimated that almost 60% of adult Australians have a will. Moreover, 54% of those that do not have […]

‘Article on Voice, Strength, and No-Contest Clauses’

“Karen J Sneddon recently published an Article entitled, ‘Voice, Strength, and No-Contest Clauses’, 2019 Wisconsin Law Review 239-268 (2019). Provided below is an abstract of the Article. ‘His will was read, and like almost every other will, gave as much disappointment as pleasure – Jane Austen. The will is a unilateral written disposition of probate […]

Karen Sneddon, ‘Voice, Strength, and No-Contest Clauses’

ABSTRACT The will is a unilateral written disposition of probate property to be effective upon the will-maker’s death. To have any legal effect, however, the will-maker’s family, beneficiaries, and personal representatives, along with the probate court, need to implement the will provisions. To buttress the strength of the will, the language of the will is […]