Wills, Trusts & Estates Prof Blog

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

Saturday, May 2, 2020

Article on The Secret Life of Testamentary Schemes

WillRichard F. Storrow recently published an Article entitled, The Secret Life of Testamentary Schemes, Wills, Trusts & Estates Law eJournal (2020). Provided below is the abstract to the Article.

The testamentary scheme, a poorly understood interpretative tool used by courts to determine the meaning of a will’s dispositive provisions, is insufficiently theorized in both case law and scholarly commentary. Based on a painstaking study of testamentary schemes in context, in this article I raise and defend three propositions: (1) a testamentary scheme is a dominant purpose that is intrinsic to the will; (2) a testamentary scheme is most appropriately used (a) to bring plain language into sharper focus or (b) to fill omissions in dispositive provisions; and (3) if a testamentary scheme can do either (2)(a) or (2)(b), there is no need to resort to evidentiary presumptions.


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