Category Archives: Succession

David Horton, ‘Revoking Wills’

ABSTRACT No issue in inheritance law has sparked as much debate as the requirements for making a valid will. For centuries, Anglo-American courts have insisted that decedents obey rigid formalities, such as signing or acknowledging their wills before two witnesses. These rituals preserve proof of the testator’s wishes, reinforce the gravity of estate planning, prevent […]

‘A Proposal to Protect Transgender Beneficiaries’

Carla Spivack, ‘The Dilemma of the Transgender Heir’, 33 Quinnipiac Probate Law Journal 147 (2020), available at HeinOnline. A goal of professors is, or should be, to think about legal issues that have not yet arisen but that are likely to arise in the future. By thinking of the issues before they arise, we can […]

Lusina Ho, ‘An Asian Approach to Mental Capacity for Wills and Lasting Powers’

ABSTRACT This chapter addresses the tension associated with applying English capacity law in the predominantly Chinese cultural contexts of Hong Kong and Singapore. Some judges in these Asian jurisdictions interpret even the most basic elements of the law to take into account the value of family protection. Some judges are committed to respecting the autonomous […]

‘Performers and Portrayers’

Shelly Kreiczer-Levy and Ronit Donyets-Kedar, ‘Better Left Forgotten: An Argument Against Treating Some Social Media and Digital Assets as Inheritance in an Era of Platform Power’, 84 Brooklyn Law Review 703 (2019). In 1956, sociologist Erving Goffman wrote his now-classic text, The Presentation of Self in Everyday Life. Consciously or not, Goffman posited, people are […]

Alyssa DiRusso, ‘Micro-Lawyering and Simulations in Trusts and Estates Courses’

ABSTRACT This article provides a description of the microlawyering and simulation exercises I use in my three trusts and estates courses. An ideal exposure to trusts and estates practice is gained through microlawyering – a term I use to mean small-scale, real legal experiences. In addition to microlawyering, simulations offer students the opportunity to develop […]

‘Remote Witnessing of Wills: A Step in the Right Direction’

“The COVID-19 pandemic has incited some changes in the realms of estate and post-death planning. With the pandemic taking so many lives, many were forced to thinking about planning for their death, and they had nothing but time to do it. Many are required to self-isolate as to not risk their health or the health […]

‘Court Held That an Heir Of an Estate Who Released All Claims Against the Estate Via a Settlement Agreement No Longer Had Standing’

“In In the Estate of Maberry, ‘the alleged common-law wife of an intestate decedent did not have standing to seek to remove the decedent’s daughter as independent administrator because she was not an “interested person” following her voluntary release of all her rights in the estate in a settlement agreement’ …” (more) [Gerry W Beyer, […]

‘Call For Papers: ACTEC Law Journal Modernizing Trusts and Estates’

“The American College of Trust and Estate Counsel announces a Call For Papers on the following topic: ‘As trusts and estates academics and practitioners look forward into the remainder of the 21st century, we acknowledge the aspects of law and practice that are changing, that should change, and that should resist change’. A special issue […]

‘Northern Illinois University College of Law Seeks Wills & Trusts Professor’

“Northern Illinois University College of Law invites applications for an anticipated opening for an entry-level tenure-track faculty position beginning August 2021. Duties include engaging in high quality research and teaching, as well as being an active participant in law school and university service. Applicants must hold a JD degree from an ABA accredited law school, […]

Reinhard Zimmermann, ‘Zwingender Angehörigenschutz im Erbrecht – Entwicklungslinien jenseits der westeuropäischen Kodifikationen (Mandatory Family Protection in the Law of Succession – Beyond the Western European Codifications)’

ZUSAMMENFASSUNG Im Anschluss an einen früheren Beitrag über die Entwicklung des Pflichtteils- oder Noterbenrechts wird hier die Entwicklung des zwingenden Angehörigenschutzes für Rechtsordnungen jenseits der westeuropäischen Kodifikationen verfolgt: in den postsozialistischen Ländern Zentral- und Osteuropas, den nordischen Staaten sowie den süd- und zentralamerikanischen Jurisdiktionen, und schließlich in den Ländern ohne Zivilrechtskodifikation, also dem englischen Recht […]