Trusts and Estates > Estate Planning > Parent-Child Property Succession

Aug 1, 2009 12:00 PM

Parent-Child Property Succession

How the revised Uniform Probate Code tries to accommodate modern definitions of “family” — and how practitioners might cope with that attempt

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Lee-ford Tritt is a professor at The Univeristy of Florida College of Law in Gainesville, Fla., and director of The Center For Estate Planning.

An important policy debate is emerging in the United States concerning how the law of succession should change to encapsulate more fully modern American families. Changing family structures and new artificial reproductive technologies1 (ART) are redefining “parentage” in law and society. These influences undermine the traditional definition of a parent-child relationship: the presence or presumption of a genetic link between two individuals. Recognizing child status is of particular concern for succession law in determining distributions to “children” for intestacy purposes and, for the laws of wills, in construction, class gift and anti-lapse issues.

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