Thursday, November 17, 2011
Adam J. Hirsch (William and Catherine VanDercreek Professor of Law, Florida State University School of Law) recently published his article entitled The Code Breakers: How States Are Modifying the Uniform Disclaimer of Property Interests Act, 46 Real Prop., Trust and Estate Law J. 325 (Fall 2011). The Editor’s Synopsis of the article is below:
The Uniform Disclaimer of Property Interests Act, covering disclaimers of inheritances, has been widely adopted but also widely modified. Almost all of the adopting states have tinkered with the Act in various, and varying, ways. This article sketches out and critiques these modifications, assessing whether each contributes to the quality of this uniform act, and explaining the nature of the contribution. The article also weighs in on the larger debate over whether individual states should indulge in the exercise of second-guessing the drafters of uniform acts in the trusts and estates field, or whether the greater good is to maintain uniformity and wait for the Uniform Law Commissioners to amend their own products. The experience of UDPIA bears on this issue of legislative process.