Article On Will-Substitutes And Creditors

Lionel Smith (King’s College London – The Dickson Poon School of Law) recently published an article entitled, Will-Substitutes and Creditors: Canada and the US, A. Braun and A. Röthel, eds., Passing Wealth on Death: Will-Substitutes in Comparative Perspective (Oxford: Hart, 2016). Provided below is an abstract of the article:

Will-substitutes are legal techniques that allow the disposition of property on death outside of the deceased’s estate. Such techniques, by reducing the assets in the estate, have the potential to harm the interests of creditors of the estate. This paper aims to identify some of the ways in which commonly used will-substitutes interact with the rights of creditors in Canadian and US law.