James Toomey, ‘Executor Discretion’, 110 Iowa Law Review (forthcoming, 2025), available at SSRN. I hereby grant my executor the power to alter my will to reflect my most likely recent intent. Notwithstanding the mysteries that can attend multiple aspects of estate planning, some things – such as the precepts that deeds are not wills, revocation is permitted, and takers must survive – seem plain. The near-absolute supremacy of Testator Intent fits within this rough set of axioms … (more)
[Katheleen Guzman, JOTWELL, 28 March 2025]
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