‘Ending the Cycle of “Ever-Changing” Wills’

Alex M Johnson, Jr, Is It Time For Irrevocable Wills?, 53 University of Louisville Law Review 393 (2016). A will speaks at death. Therefore, the testator is free to change his or her will until the day he or she dies. Giving a person the opportunity to change his or her will makes sense because testamentary dispositions are influenced by lifetime events. For example, after a will is executed, a beneficiary may die or the testator may lose ownership of some of the property mentioned in the will. Currently, persons are permitted to create irrevocable trusts. Although there is no prohibition against irrevocable wills, modern statutes do not provide for the use of such devises. Therefore, a method does not exist for a testator to make an irrevocable will. Nevertheless, in his timely and thought-provoking article, Is It Time For Irrevocable Wills?, Professor Alex M Johnson, Jr makes the case that the legal recognition of irrevocable wills would not negatively impact testamentary freedom. The availability of irrevocable wills may protect the testator who becomes incompetent after executing his or her will … (more)

[Browne Lewis, JOTWELL, 14 March]

First posted 2017-03-14 14:08:35

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