Flowcharts & Property Disposition
The use of flowcharts is discussed in Roger Andersen & Douglas Oliver, Communicating Clearly: Showing Dispository Preferences with Flowcharts. 29 Okla. City U. L. Rev. 559-568 (2004). The introduction explains their article as follows:
Among the most difficult drafting challenges for estate planners is attempting to put into words a client’s preferences for distributing property among various beneficiaries. This article proposes a new approach to this problem: the use of flowcharts modeled on those developed by computer programmers. Lawyers might use flowcharts at different stages of the process. First, the charts can help clients identify the questions they must resolve when constructing their plans. Second, the charts can confirm both the lawyer’s and the client’s understanding of the client’s choices. Third, the charts can be part of the final document, making interpretation easier for executors, trustees, and, if necessary, courts. This article first describes the structure of flowcharts; it then turns to some doctrinal problems that use of flowcharts in documents might pose. Finally, the article closes with some examples of how flowcharts might be used to enhance understanding of a dispository scheme