Category Archives: Succession

Dubravka Klasiček, ‘21st Century Wills’

ABSTRACT Wills are formal legal affairs that must satisfy strict prerequisites in order to be valid. Otherwise, they will be either automatically null or voidable. The rules pertaining to the form of wills have always been strict and have required wills to be made in a certain way. It is said that the amplified formalism […]

Tommy Cheung, ‘Secret trusts and testamentary freedom’

ABSTRACT Secret trusts are a mystery because no theory perfectly explains why the court enforces them when they do not comply with the statutory formalities of wills. This article argues that secret trusts are inter vivos express trusts. If secret trusts fulfil their formalities, the courts will enforce them because they reflect the testator’s intentions […]

‘Conference on the Application of the Succession Regulation in the EU Member States in Katowice’

“On 12 September 2019, the University of Silesia in Katowice (Poland) will host an international conference on the Regulation (EU) No 650/2012 of the European Parliament and of the Council – the Succession Regulation and on the various issues relating to the succession matters within the European area of freedom, security and justice …” (more) […]

Richard Hedlund, ‘Introducing a dispensing power in English succession law’

ABSTRACT Executing a will is one of the most important legal acts that a person will undertake. To be valid, the will must comply with the formality requirements in the Wills Act 1837. However, some wills fail to do so, and are invalidated on technicalities. Other jurisdictions, such as Australia, have given the courts a […]

Deborah Gordon, ‘Engendering Trust’

ABSTRACT This article, part of a Wills, Trusts, and Estates Meets Gender, Race, and Class Symposium, explores the relationship between trusts and gender by looking at the language, myths, and trends that appear in current trust law. After discussing the relationship between gender and inheritance law more generally, the article focuses on the three dominant […]

Darryn Jensen, ‘The “Policy” That Invalidates Testamentary Conditions’

ABSTRACT Whenever one person’s conferral of a benefit on another is subject to a condition that the conferee not be married to a particular person or to a member of a specified class of persons, the question of whether the condition is enforceable is said to be a question of ‘public policy’. This ‘policy’ question […]

‘The Space In Between’

Naomi R Cahn, Revisiting Revocation upon Divorce?, 103 Iowa Law Review 1880 (2018). Professor Naomi Cahn undersells her recent Iowa Law Review article, ‘Revisiting Revocation upon Divorce?’ (‘Revisiting Revocation’), when she concludes it by saying that ‘this Article contributes to the ongoing conversations about the relationship between decedents’ intent, formality, and function in trusts and […]

‘European Conference on Mediation in Cross-Border Succession Conflicts’: Leipzig, 26 June 2019

“The European Conference on Mediation in Cross-Border Succession Conflicts invites mediators, legal practitioners, researchers, policymakers and citizens who are interested in succession mediation and cross-border mediation. The EU-funded project FOMENTO (Fostering mediation in cross-border civil and succession matters) aims to contribute to foster a widespread use of mediation as a cost-effective solution to prevent and […]

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 […]