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Full-Text Articles in Estates and Trusts
The Senile Testator: Medicolegal Aspects Of Competency, Robert Gene Smith, Laurence M. Hager
The Senile Testator: Medicolegal Aspects Of Competency, Robert Gene Smith, Laurence M. Hager
Cleveland State Law Review
The law has failed to recognize recent advances in geriatric psychiatry. Moreover, where medical language has been used, the terminology is either outdated or misapplied. What follows is an attempt to describe the nature and policy of the legal standard for testamentary competency, to set forth the current medical approach to senility and mental disease, and to suggest practical ways for the lawyer to use geriatric psychiatry in behalf of the senile testator.
The Pour-Over Trust, Elliott H. Kajan
The Pour-Over Trust, Elliott H. Kajan
Cleveland State Law Review
One of the most important features of the inter vivos trust is its function as the receptacle of a pour-over provision in a will. The pour-over device is utilized when a disposition by a will provides, often in the residuary clause, for the devise or bequest of additional property to a previously created inter vivos trust This avoids the necessity of repeating in the will all the terms of the trust, and the estate conveyed to the trust is not thereafter involved in probate proceedings. The grantor of an amendable inter vivos trust can thus create and remodel an estate …