Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Monday, July 18, 2016

Articles on the Wills Law Reforms Affect on Different Types of Testators

Wills lawNaomi Cahn recently published an Article entitled, Incomplete Dispositions, 73 Wash. & Lee L. Rev. Online 259 (2016), in response to an Article by Jane B. Baron, Irresolute Testators, Clear and Convincing Wills Law, 73 Wash. & Lee L. Rev. 3 (2016). Provided below is a summary of the Articles:

Jane Baron first discusses how new wills law reforms are allowing judicial correction of harmless errors in will execution, if both the error and testator’s intent are proven by clear and convincing evidence. Moreover, Baron distinguishes between two different types of testators, whom the reforms will affect, in her Article: the rational, resolute testator and the vulnerable, irresolute testator. Further, she illustrates how these types of testators fair under wills law, considering how courts apply the doctrines of harmless error and mistake reformation. Baron suggests that these doctrines help both types of testators. Additionally, Cahn in her commentary discusses the idea of a beneficiary suing the drafting attorney for malpractice. This addition to Baron’s Article focuses on the doctrine of privity and how it confronts the vulnerable testator.


Articles, Estate Planning - Generally, Malpractice, Wills | Permalink


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