A Battle of Wills: The Uniform Probate Code Versus Empirical Evidence

Adam J. Hirsch's (Napoleon Jones Professor of Law and Herzog Endowed Scholar, University of San Diego School of Law) article, A Battle of Wills: The Uniform Probate Code Versus Empirical Evidence, was recently published in 33 S. Calif. Interdisciplinary L.J. 277 (2024). Here is the article's abstract:

This Article explores the goals, methods, and present state of empirical research relevant to inheritance law. The Article synthesizes extant empirical studies-including unpublished ones and two original data sets presented here for the first time-and compares them with default rules currently found in the Uniform Probate Code. The Article proposes revisions to the Code based on those studies. Finally, the Article suggests changes to the Uniform Law Commission's oversight process to make the Code more responsive to empirical evidence as it emerges in the literature.