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AIRBRUSHED HEIRS: THE PROBLEM OF CHILDREN OMITTED FROM WILLS
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Journal Article
AIRBRUSHED HEIRS: THE PROBLEM OF CHILDREN OMITTED FROM WILLS
2015
Overview
Author's Synopsis: This Article addresses rules designed to protect children from unintentional disinheritance. The Article examines the problem in the abstract and in the concrete, assessing the merits of the twin theories--mistaken omission and failure to account for changed circumstances--on which lawmakers predicate rules to protect omitted children, as well as exploring the extant legislative variants of those rules. The Article concludes that current legislation (including the Uniform Probate Code) is insensitive to the problem's complexities and proposes legislative revisions--among them, the substitution of transient for permanent presumptions in some cases--or, in the alternative, a switch to discretionary rules. In the course of addressing the problem s ramifications, the Article also undertakes the first-ever empirical study of individual attitudes toward inheritance by children whom fathers are unaware they have.
Publisher
Section of Real Property, Trust and Estate Law of the American Bar Association,American Bar Association
Subject
