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Series

Estates and Trusts

New York Law School

1996

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Full-Text Articles in Law

Reforming The Requirements For Due Execution Of Wills: Some Guidance From The Past, Lloyd Bonfield Jan 1996

Reforming The Requirements For Due Execution Of Wills: Some Guidance From The Past, Lloyd Bonfield

Articles & Chapters

The recent revision of the Uniform Probate Code (1990) accepted the "dispensing power" with respect to will execution, revocation, revival, and alteration. Under section 2-503, a will that has not been executed in conformity with the formalities of will execution should nevertheless be admitted to probate if the probate court finds "by clear and convincing evidence" that the decedent intended the document to stand as a will This Article reviews the literature supporting the change in wills acts and examines cases that have considered applying remedies for defectively executed wills. It is argued by the proponents of the dispensing power …