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An empirical assessment of the potential for will substitutes to improve state intestacy statutes
Fellows, M. L., Spitko, E. G., & Strohm, C. (2010). An empirical assessment of the potential for will substitutes to improve state intestacy statutes. Indiana Law Journal, 85(2), 409-448. http://ilj.law.indiana.edu/articles/85/85_2_Fellows.pdf
This Article changes how legislators will think about intestacy statutes. In addition to a will, will substitutes provide direct written evidence of a decedent’s donative intent. Yet, no one has considered how to integrate will substitutes’ individual expressions of donative intent into intestacy statutes. This Article represents a first effort to identify the potential, as well as the complexities, of using will substitutes in the design of an intestacy statute.