Category Archives: Succession

Horton and Weisbord, ‘Boilerplate No Contest Clauses’

ABSTRACT … This Article builds on this foundation by reviewing no contest clauses in 457 wills that were probated in Alameda County, California in the late 2000s. We show that testators and their lawyers overuse no contest provisions. Indeed, these terms appear in nearly 70% of the wills in our sample, including many estates in […]

‘Michigan Court of Appeals Holds Electronic Document to be Valid Will Under Harmless Error Rule’

“Americans’ financial lives are going digital. And, for the most part, the law has begun to recognize this development. Digital signatures are now routinely accepted for commercial transactions, and electronic records are granted the same legal effect – and electronic contracts the same enforceability – as paper records. This trend applies to many transfers of […]

Naomi Cahn, ‘Dismantling the Trusts and Estates Canon’

ABSTRACT This article steps back and reflects on how new perspectives from gender, race, class, and sexual orientation have challenged existing trusts and estates canonical narratives on a number of different levels, both in terms of deepening trusts and estates but also expanding it – that is, challenging core concepts of the field. Part I […]

‘“Renegotiated Families” and Donative Intent’

Naomi R Cahn, Revisiting Revocation Upon Divorce?, 103 Iowa Law Review 1879 (2018). Last year I reviewed Adam J Hirsch, ‘Inheritance on the Fringes of Marriage’, which explored whether donors would want their fiancé, ex-fiancé, separated spouse, or divorcing spouse to take a share of their estate. Following this theme of donor intent vis-à-vis a […]

Mark Glover, ‘Boilerplate in Pour-Over Wills’

ABSTRACT In their intriguing and innovative article, ‘Boilerplate and Default Rules in Wills Law: An Empirical Analysis’, 103 Iowa Law Review 663 (2018), Professors Reid Kress Weisbord and David Horton conduct an empirical examination of the use of boilerplate provisions in wills. This response essay explores the consequences of their decision to exclude pour-over wills […]

‘The Consequences of Cashing-In on Death’

David Horton, Borrowing in the Shadow of Death: Another Look at Probate Lending, 59 William and Mary Law Review 2447 (2018). For decades, state and federal governments have increased their watch on fringe lending practices such as payday loans, title loans, tax refund anticipation loans, and pension loans. The main reason for this increased regulation […]

A Comparative Approach to Inheritance Rights of Cohabitants: Filippo Viglione, IALS, 16 May 2019

In this seminar Filippo Viglione will discuss the various solutions being adopted with regard to the legal consequences of non-marital cohabitations, specifically in relation to inheritance rights and he will compare the different models that are gaining ground in the western legal tradition, allowing protection of the surviving cohabitant’s succession beyond the possibility of inheriting […]

‘Lessons Learned From Abroad About Intestate Inheritances for Unmarried Cohabitants’

E Gary Spitko, Intestate Inheritance Rights for Unmarried Committed Partners: Lessons for US Law Reform from the Scottish Experience, 103 Iowa Law Review 2175 (2018). In 2002, Professor Spitko published An Accrual/Multi-Factor Approach to Intestate Inheritance Rights for Unmarried Committed Partners in the Oregon Law Review. Since then, in 2006, Scotland statutorily began to provide […]

Villios and Plater, ‘Who May Inspect a Will’

ABSTRACT The Attorney-General of South Australia, the Hon John Rau MP, invited the South Australian Law Reform Institute to identify the areas of succession law that were most in need of review in South Australia, to review each area and to recommend reforms. The Institute identified seven topics for review. This Report examines who may […]

Eric Kades, ‘Of Piketty and Perpetuities: Dynastic Wealth in the Twenty-First Century (and Beyond)’

ABSTRACT For the first time since independence, in a nation founded in large part on the rejection of a fixed nobility determined by birth and perpetuated by inheritance, America is paving the way for the creation of dynastic family wealth. Abolition of the Rule Against Perpetuities in over half the states along with sharp reductions […]