Naomi R Cahn, Revisiting Revocation upon Divorce?, 103 Iowa Law Review 1880 (2018). Professor Naomi Cahn undersells her recent Iowa Law Review article, ‘Revisiting Revocation upon Divorce?’ (‘Revisiting Revocation’), when she concludes it by saying that ‘this Article contributes to the ongoing conversations about the relationship between decedents’ intent, formality, and function in trusts and estates law’ (p 1949). While ‘Revisiting Revocation’ surely makes the contribution that Cahn describes, it also does considerably more. In revisiting the increasingly common and expanding state rule that divorce revokes any transfers of probate (and sometimes non-probate) (p 1887) assets to a former spouse as well as to a former spouse’s family members (p 1886). Cahn contributes to the growing literature on the legal ‘spaces in between’ two binaries in the areas of intimate and family life … (more)
[Courtney Cahill, JOTWELL, 12 June]
First posted 2019-06-12 16:08:52
Leave a Reply