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

51 Pages Posted: 22 Aug 2011 Last revised: 18 Oct 2011

Adam J. Hirsch

University of San Diego

Date Written: October 17, 2011

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.

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

JEL Classification: K11

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: https://ssrn.com/abstract=1914132

Adam Jay Hirsch (Contact Author)

University of San Diego ( email )

5998 Alcala Park
San Diego, CA 92110
United States

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