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Wills & Estates Outline

INTRODUCTION

I. Right to transfer property at death
A. Until 1980s, there was no natural or constitutional right to convey or inherit property at death
1. Hodel v. Irving (1987): court finds that right to transmit property at death is a valuable property right
2. Minority view until 1980s (Locke's view) is that it is a natural right to convey and inherit property
B. Dead Hand – allowing testator to control actions/behavior of beneficiaries by conditioning the gift on certain conditions
1. Rule: Donor's intention is to be given effect unless the intention violates public policy, is illegal, promotes waste
a. Dead hand control not upheld when:
1. It disrupts family relationships
2. It promotes waste (unless there is a good justification)
b. American courts don't review the reasonableness or wisdom of testator
2. Argument against dead hand control is that circumstances change

II. Probate
A. 5 functions of Probate
1.......

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Approximate Word Count: 7252
Approximate Pages: 30 (250 words per double-spaced page)

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