Unifying wills and nonprobate transfers law

Grayson M.P. McCouch (Professor of Law, University of San Diego School of Law) has recently published his article entitled A Comment on Unification, 43 Real Prop., Tr. & Est. 499 (2009).

Here is a summary of his article:

This Article discusses recent proposals aimed at unifying the law of wills and nonprobate transfers. The author notes that default rules of construction present the strongest case for unification, but contends that distinctions between wills and nonprobate transfers remain important in the areas of formalities and restrictions affecting third-party rights. The author concludes that the policy goal should be to allow wills and nonprobate transfers to operate smoothly as complementary methods of deathtime wealth transmission.