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
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: K11Accepted Paper Series
Date posted: August 22, 2011 ; Last revised: October 18, 2011
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