A Comment on Unification

Authors

Grayson M.P. McCouch, University of Florida Levin College of LawFollow

Document Type

Article

Publication Date

Fall 2008

OCLC FAST subject heading

Taxation--Legal research

Estates (Law)

Abstract

This Article discusses recent proposals aimed at unifying the law of wills and nonprobate transfers. The author notes that default rules of construction present the strongest case for unification, but contends that distinctions between wills and nonprobate transfers remain important in the areas of formalities and restrictions affecting third-party rights. The author concludes that the policy goal should be to allow wills and nonprobate transfers to operate smoothly as complementary methods of deathtime wealth transmission.

Recommended Citation

Grayson M.P. McCouch, A Comment on Unification, 43 Real Prop. Tr. & Est. L.J. 499 (2008), available at http://scholarship.law.ufl.edu/facultypub/575