Wills, Trusts & Estates Prof Blog

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

Friday, July 19, 2019

Uniform Law Commission Approves Changes to Uniform Probate Code

ULCEarlier this week, the Uniform Law Commission approved changes to the Uniform Probate Code. Prof. Thomas P. Gallanis summarized these changes as follows:

The 2019 revisions to the UPC achieve five principal objectives:

(1) Blended families are taken into account not only in Section 2-102 (Share of Spouse), as in the 1990 revisions, but also in Section 2-103 (Share of Heirs Other Than Surviving Spouse).

(2) The per-capita-at-each-generation system of representation is incorporated throughout Section 2-103. Heirs in a generation closer to the decedent are favored compared to heirs in a more remote generation; heirs in a given generation are treated equally.

(3) Outdated terms are removed. Examples include the references to a decedent’s “maternal” and “paternal” grandparents in the former version of Section 2-103, references to relatives of the “half blood” or “whole blood” in the former version of Section 2-107, and references to “genetic” parents in the former versions of Sections 2-117 through 2-119.

(4) The rules in the UPA (2017) governing parent-child relationships created by assisted reproduction are incorporated by reference.(5) The intestacy and class-gift provisions are restructured to incorporate the innovations in the UPA (2017), such as the codification of the doctrine of de facto parentage and the recognition that a child may have more than two parents and, therefore, more than two sets of grandparents.

Memorandum from Thomas P. Gallanis to ULC Commissioners (May 10, 2019).

Special thanks to Adam Hirsch (Professor of Law, University of San Diego School of Law) for bringing this memo to my attention.

https://lawprofessors.typepad.com/trusts_estates_prof/2019/07/uniform-law-commission-approves-changes-to-uniform-probate-code.html

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