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Dec 1, 2011 12:00 PM
Best Practices for Scriveners
Be familiar with the UPC construction rules and consider them when drafting wills and trusts
Lawyers drafting wills and trusts must regularly contemplate age-old issues such as ademption, advancement and lapse, as well as more recent issues such as who is to be considered a “descendant” under the new biology of assisted reproduction. At common law, a number of doctrines were formulated to deal with these recurring issues. The Uniform Probate Code (UPC) likewise addresses these issues through a series of default rules used in the construction of wills, trusts and other dispositive instruments. Some UPC sections adopt common law doctrines; others modify or completely abrogate the common law rules.
To properly draft a dispositive document, you must be familiar with the UPC rules to determine whether they're appropriate for your client's situation and objectives or whether you should prepare a document that elects out of the statutory default rules. If you're a scrivener in a state that hasn't adopted the UPC, you should nevertheless be mindful of the issues the UPC sections address and be familiar with the applicable common law in your state.
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| GSTs | Family Offices |
| Private Foundations | Life Insurance |
| 2010 Tax Act News | Industry Trends Surveys |
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