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http://ssrn.com/abstract=1914132
 
 

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The Code Breakers: How States are Modifying the Uniform Disclaimer of Property Interests Act


Adam J. Hirsch


University of San Diego

October 17, 2011

Real Property, Trust and Estate Law Journal, Vol. 46, No. 3, p. 325, 2011
FSU College of Law, Public Law Research Paper No. 533

Abstract:     
The Uniform Disclaimer of Property Interests Act, covering disclaimers of inheritances, has been widely adopted but also widely modified. Almost all of the adopting states have tinkered with the Act in various, and varying, ways. This article sketches out and critiques these modifications, assessing whether each contributes to the quality of this Uniform Act, and explaining the nature of the contribution. The article also weighs in on the larger debate over whether individual states should indulge in the exercise of second-guessing the drafters of Uniform Acts in the trusts-and-estates field, or whether the greater good is to maintain uniformity and wait for the Uniform Law Commissioners to amend their own products. The experience of UDPIA bears on this issue of legislative process.

Number of Pages in PDF File: 51

Keywords: disclaimer, bequest, inheritance, estate planning, uniform acts, private legislation

JEL Classification: K11

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Date posted: August 22, 2011 ; Last revised: October 18, 2011

Suggested Citation

Hirsch, Adam J., The Code Breakers: How States are Modifying the Uniform Disclaimer of Property Interests Act (October 17, 2011). Real Property, Trust and Estate Law Journal, Vol. 46, No. 3, p. 325, 2011; FSU College of Law, Public Law Research Paper No. 533. Available at SSRN: http://ssrn.com/abstract=1914132

Contact Information

Adam Jay Hirsch (Contact Author)
University of San Diego ( email )
5998 Alcala Park
San Diego, CA 92110
United States
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