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The Influence Of The Uniform Probate Code In Nonadopting States, Roger W. Andersen
The Influence Of The Uniform Probate Code In Nonadopting States, Roger W. Andersen
Seattle University Law Review
In twenty-three states, legislative unwillingness to embrace the UPC as a whole has not precluded adoption of some of its provisions. As the first part of this Article indicates, the most common pattern is for a state to use the Code as a model to solve an isolated, but common, problem. Article II of the UPC, which covers intestacy and wills, is by far the most often copied article; the most often followed sections are those dealing with traditional troublespots, such as the effects of survival, adoption, and divorce. In contrast, among those UPC sections garnering the least attention are …
A Proposal For A Variation Of Trusts Statute In Washington, Julie A. Anderson
A Proposal For A Variation Of Trusts Statute In Washington, Julie A. Anderson
Seattle University Law Review
This Comment argues that similar legislation would be desirable in Washington. Even though the proposed statute would entail a substantial deviation from the common-law rule, the resulting benefits justify the change. This Comment also examines the retroactive application of variation of trusts statutes and concludes that a retroactive application is constitutional. A requirement that courts consent on behalf of the beneficiaries only when the variation benefits the beneficiaries in some manners sufficiently protects the beneficiaries' constitutional interests under the contract clause10 and the due process clause of the federal Constitution. Finally, this Comment proposes that a Washington variation of trusts …