uniform probate code 2-502
The confusion being engendered by the Uniform Trust Code’s default trust-revocation methodologies (§ 602(c)).
In the pre-Uniform Trust Code UTC), unless the terms of a revocable inter vivos trust provided otherwise, the trust could not have been revoked by the settlor’s will. A will speaks at the time of the testator’s death, an event that happens also to render the trust irrevocable. See, e.g., Brown v. International Trust Co., 130 Colo. 543, 278 P.2d 581, 583 (Colo. 1954) (en banc). Section
- N.D.C.C. § 30.1-08-02 - (2-502) Execution - Witnessed Wills - Holographic Wills
Formalizing gratuitous and contractual transfers: a situational theory.
...(209) Finally, under the Uniform Probate Code's provision, codified in twenty-one ...
Are Military Testamentary Instruments Unconstitutional? Why Compliance With State Testamentary Formality Requirements Remains Essential
... form, formality, or recording before probate that is provided for testamentary ... of drafting military wills-assuring uniform acceptance to probate-it actually creates ... counterpart of the same year, the Judicial Code of the English Court of Chancery, recognized a ...
Estate plans in time of social distancing.
... Section 2-502(a) of the Massachusetts Uniform Probate Code requires only two witnesses. The ...
Partial Harmless Error for Wills: Evidence From California
In many legal systems, the Wills Act requires testators to memorialize their wishes in a signed and witnessed writing. For centuries, courts insisted on strict compliance with these fussy statutory requirements. But in 1975, South Australia adopted the harmless error rule, which permits judges to forgive execution defects if there is compelling evidence that a decedent intended a document to be...
1 F.3d 830 (9th Cir. 1993), 91-55692, Wells Fargo Bank v. United States
... charitable deduction under Internal Revenue Code Sec. 2055. The estate then applied for a refund ...See Uniform Probate Code Sec. 2-502. But they are physically ...
Free will to will? A case for the recognition of intestacy rights for survivors to a same-sex marriage or civil union.
... that this method is valid and that the probate court will follow their testamentary plans, or ... major policies underlying model probate codes. (78) First and foremost, they attempt to reflect ..., leading to a "stunning lack of uniformity of treatment of surviving same-sex partners." ...
3. Judicial Intervention . Recall that California Probate Code section 11604.5 allows judges to strike down "grossly unreasonable" ...(205) There is also no uniform maximum rate, although the ceiling for consumer loans (206) in most ...
- C.R.S § 15-14-705 - Execution of power of attorney
- Testamentary Formalism in Louisiana: Curing Notarial Will Defects Through a Likelihood-of-Fraud Analysis
- Mass. Gen. Laws ch. 190B, § 2-502 - Execution of wills
- HRS § 560:2-502 - Execution; witnessed wills; holographic wills
- HRS § 560:2-506 - Choice of law as to execution
- HRS § 560:3-303 - Informal probate; proof and findings required
- Mass. Gen. Laws ch. 190B, § 3-303 - Informal probate; proof and findings required
Rethinking the intersection of inheritance and the law of tenancy in common.
... months after I die, when my estate is probated, the four children will "duke it out" in ... of the driving concerns behind the 1990 Uniform Probate Code and its subsequent amendments. (119) ...
- HRS § 560:2-503 - Writings intended as wills, etc
- NMS § 45-2-502 - Execution; witnessed wills
- Mass. Gen. Laws ch. 190B, § 2-506 - Choice of law as to execution
- C.R.S § 15-11-503 - Writings intended as wills
- C.R.S § 15-11-504 - Self-proved will
A valid Massachusetts testamentary trust may now arise under a will that was not fully executed (signed by the will witnesses) until an unspecified time after the death of the testator-settlor.
Massachusetts has broken new ground in allowing a will to be fully executed (signed by the will witnesses) after the death of the testator, with no time period specified. In the upcoming 2014 edition of Loring and Rounds: A Trustee’s Handbook, Charles E. Rounds, Jr., specifically in §2.1.2, considers the ramifications of these revolutionary developments. The focus is on wills containing...
- SDCL 29A-2-502 - Holographic will-Validity of non-holographic will-Establishing intent
- C.R.S § 15-11-1201 - Short title