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Full-Text Articles in Estates and Trusts
Transfer Of Property By Inheritance And Bequest In Biblical Law And Tradition, Richard H. Hiers
Transfer Of Property By Inheritance And Bequest In Biblical Law And Tradition, Richard H. Hiers
UF Law Faculty Publications
In what follows, we first review briefly the kinds of property subject to transfer by inheritance or bequest. Next, we examine texts pertaining to intestate succession - that is, transfer of property by operation of law upon the death of the property holder without explicit provision by will or bequest as to who will inherit or take afterwards. As a summary expression, such transfers will be designated as "inheritance." In this context, we note the relevance of certain provisions regarding levirate marriage and the Year of Jubilee. We also consider the problematic nature of the so-called birthright practice in this …
Will Substitutes Under The Revised Uniform Probate Code, Grayson M.P. Mccouch
Will Substitutes Under The Revised Uniform Probate Code, Grayson M.P. Mccouch
UF Law Faculty Publications
Recent years have witnessed a dramatic increase in probate avoidance. Revocable trusts, joint-and-survivor or pay-on-death (“POD”) bank accounts, transfer-on-death (“TOD”) security registrations and other will substitutes have proliferated and emerged as successful competitors of the probate system. In response to this “nonprobate revolution,” the drafters of the Uniform Probate Code (“UPC”) have begun to reconsider the scope and direction of probate reform. The 1989 and 1990 UPC revisions reflect a new emphasis on integrating the law of probate and nonprobate transfers.
Nevertheless, the nonprobate revolution remains incomplete. Although the revised UPC establishes uniform constructional rules for wills and will substitutes, …