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Full-Text Articles in Law
The Troubled Relationship Of Will Contracts And Spousal Protection: Time For An Amicable Separation, Carolyn L. Dessin
The Troubled Relationship Of Will Contracts And Spousal Protection: Time For An Amicable Separation, Carolyn L. Dessin
Akron Law Faculty Publications
We live in a society with rapidly changing familial norms. Statistics show that one out of every two marriages ends in divorce, and even higher divorce rates are projected. The number of people who remarry following a divorce also is increasing.
Much has been written about the effect of the changing family patterns on estate planning. In the era when having only one spouse and one set of children was the norm, it was fairly simple to develop a rational system for dividing the person's estate among spouse and children. In recent decades, however, the growing number of multiple marriages …
Reforming The Requirements For Due Execution Of Wills: Some Guidance From The Past, Lloyd Bonfield
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 …