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Full-Text Articles in Law
Is A Will Better Than Intestacy?, Kristine S. Knaplund
Is A Will Better Than Intestacy?, Kristine S. Knaplund
University of Cincinnati Law Review
No abstract provided.
The New Undue Influence, David Horton, Reid K. Weisbord
The New Undue Influence, David Horton, Reid K. Weisbord
Utah Law Review
The doctrine of undue influence has long been the problem child of inheritance law. Undue influence, a hazy combination of fraud and duress, supposedly invalidates bequests that a beneficiary obtained by overriding the volition of a vulnerable testator or settlor. But because relationships are complex, concepts like free will are slippery, and challenges to do native transfers are litigated after the owner dies, courts struggle to apply the rule. Making matters worse, fact finders exploit the principle’s vagueness to protect a decedent’s family at the expense of non-traditional relationships. As a result, scholars have criticized undue influence fordecades, with some …