Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
An Eclectic History And Analysis Of The 1990 Uniform Probate Code, Lawrence H. Averill
An Eclectic History And Analysis Of The 1990 Uniform Probate Code, Lawrence H. Averill
Faculty Scholarship
No abstract provided.
Dispensing With Wills' Act Formalities For Substantively Valid Wills, J. Rodney Johnson
Dispensing With Wills' Act Formalities For Substantively Valid Wills, J. Rodney Johnson
Law Faculty Publications
This article's thesis is that if it can be established by clear and convincing evidence (i) that a writing was intended to be a will, (ii) that the putative testator had the requisite capacity, and (iii) that the writing was not the product of fraud, duress or undue influence, then the writing ought to be admitted to probate as a will, even though it might fail to comply with some of the formalities contained in the statute of wills. Those who accept this thesis will agree that the present practice ofrequiring strict compliance with the formalities of the statute of …