‘Testamentary Freedom and the Implied Right to Inherit’

Adam J Hirsch, Airbrushed Heirs: The Problem of Children Omitted from Wills, 50 Real Property, Trust and Estate Law Journal 175 (2015), available at SSRN. One of the most frustrating aspects of the practice of estate planning and probate law is dealing with outdated plans. Specifically, when a testator has a change in circumstances and does not update his will or trust, we are left to speculate what the testator would have wanted. Many jurisdictions provide statutory protections for children who were born or adopted by the testator after the will was created based on the presumption that these children were unintentionally disinherited. Professor Hirsch challenges this presumption by exploring the policy and the shortcomings of the various pretermission (‘unintentional omission’) rules … (more)

[Phyllis C Taite, JOTWELL, 15 August]

First posted 2016-08-15 12:06:44

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