Category Archives: Succession

‘The Interaction between Family Law, Succession Law and Private International Law’

“JM Scherpe and E Bargelli have just published an edited book titled: The Interaction between Family Law, Succession Law and Private International Law with Intersentia. The publisher’s blurb reads as follows: ‘There can be no doubt that both substantive family and succession law engage in significant interaction with private international law, and, in particular, the […]

‘What to Do Before You Die: A Tech Checklist’

“When we think about what will happen to our ‘things’ when we die, we often do not consider our Facebook, twitter, google, or snapchat accounts. Technology is often the last thing on our minds. It may be time to consider putting together a tech checklist so that your loved ones can have access to digital […]

Brian Sloan, ‘Forfeiture and the Effect of Section 33A of the Wills Act 1837’

ABSTRACT The forfeiture rule is ‘the rule of public policy which in certain circumstances precludes a person who has unlawfully killed another from acquiring a benefit in consequence of the killing’. Section 33A of the Wills Act 1837 (applicable to deaths on or after 1 February 2012) provides that ‘where a will contains a devise […]

‘The End to Testamentary Freedom’ by Richard Hedlund (online), 13 January 2021

Testamentary freedom is a hallmark of modern English succession law, allowing testators to freely choose whom to benefit and exclude from inheriting their estate by writing a will. However, in 1938 the UK Parliament introduced the Inheritance (Family Provision) Act, which introduced the so-called family provision rule, allowing close family members to apply to court […]

‘Suffolk seeks visitors to teach Trusts & Estates and Property’

“Suffolk University Law School in Boston invites applications for two visiting faculty positions for the upcoming 2021-2022 academic school year. We are seeking full-year coverage for the following courses: (i) first-year Property and (ii) Trusts and Estates, though candidates seeking one-semester visits are also welcome to apply …” (more) [Gerry W Beyer, Wills, Trusts & […]

Natalie Banta, ‘Electronic Wills and Digital Assets: Reassessing Formality in the Digital Age’

ABSTRACT The law of Wills, dating back to 1540, is one of the last holdouts against the digital revolution. In 2019, a will in most states cannot be an electronic document. The Wills Acts adopted by every state in America requires a testamentary will to be in writing, to be signed, and to be attested […]

Fellows and Gallanis, ‘The Uniform Probate Code’s New Intestacy and Class Gift Provisions’

ABSTRACT Law and society inextricably link family and wealth transmission. An individual’s right to inherit from an intestate decedent depends on whether the individual has a legally recognized familial relationship to the decedent. Similarly, when a class gift in a donative document uses a term of relationship to identify the class members, an individual’s right […]

Lee-ford Tritt, ‘Litigation Blues for Red-State Trusts: Judicial Construction Issues for Wills and Trusts’

ABSTRACT Will construction – the process wherein a trier of fact must determine the testator’s probable intent because the testator’s actual intent is not clear – is too little discussed and too often misunderstood in succession law jurisprudence. Yet, construction issues are becoming increasingly important due to a growing number of will and trust disputes […]

Bridget Crawford, ‘Blockchain Wills’

ABSTRACT Blockchain technology has the potential to radically alter the way that people have executed wills for centuries. This Article makes two principal claims – one descriptive and the other normative. Descriptively, the Article suggests that traditional wills formalities have been relaxed to the point that they no longer serve the cautionary, protective, evidentiary and […]

‘The Disruptive Potential of Blockchain in the Law of Wills’

Bridget J Crawford, Blockchain Wills, 95 Indiana Law Journal 735 (2020), available at SSRN. Disruptive technologies, like the Internet, often drive new social and organizational arrangements: we now enjoy global interconnectedness and an ease of communication that was previously the stuff of speculative fiction. Blockchain technology has the potential to be similarly transformative, with the […]