Article: A Battle of Wills: The Uniform Probate Code Versus Empirical Evidence

Adam J. Hirsch (University of San Diego) published an Article in the Southern California Interdisciplinary Law Journal, A Battle of Wills: The Uniform Probate Code Versus Empirical Evidence, October 2023. Provided below is an introduction to the Article:

This Article explores the goals, methods, and present state of empirical research in the inheritance field. The Article synthesizes extant empirical studies—including unpublished ones and two original data sets presented here for the first time—and compares them with default rules currently found in the Uniform Probate Code. The Article proposes revisions to the Code on the basis of those studies. Finally, the Article suggests changes to the Uniform Law Commission’s oversight process to make the Code more responsive to empirical evidence as it emerges in the literature.