Richard F. Sorrow, City University of New York School of Law, has made available for download his article, “Wills and Survival.” The abstract is as follows,
This Article examines the rule of lapse in wills law, discusses how efforts to reform the damage it does has led to the doctrine of anti-lapse, and advocates an alternative approach. In contrast to the requirement of survivorship of beneficiaries in wills law, I argue that testators do not have in mind survival when their wills make no such indication. I propose that we allow the provisions of a beneficiary’s probated will to control the disposition of a bequest where the beneficiary has predeceased the testator by one year or less. This rule would carry out the probable intentions of the “wills-minded” testator and is preferable to the predominant anti-lapse approach that typically favors a narrow set of the testator’s heirs.
To download the article, click here: Wills and Survival by Richard F. Storrow
Posted by Allison Trupp, Associate Editor, Wealth Strategies Journal