ABSTRACT
This Article explores the goals, methods, and present state of empirical research in the inheritance field. The Article synthesizes extant empirical studies – including unpublished ones and two original data sets presented here for the first time – and compares them with default rules currently found in the Uniform Probate Code. The Article proposes revisions to the Code on the basis of those studies. Finally, the Article suggests changes to the Uniform Law Commission’s oversight process to make the Code more responsive to empirical evidence as it emerges in the literature.
Hirsch, Adam Jay, A Battle of Wills: The Uniform Probate Code Versus Empirical Evidence (September 26, 2023), Southern California Interdisciplinary Law Journal, volume 33, no 2, 2024; San Diego Legal Studies Paper No 23-038.
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