The New Ice Age: Addressing the Deficiencies in Arkansas\u27s Posthumously Conceived Children Statute

The ability to conceive a child using the preserved genetic material, or gametes, of a deceased person presents a number of legal issues for inheritance, estate planning, Social Security, and parental rights. New medical advancements in assisted reproductive technology (ART) enable individuals to conceive children after their death, complicating the conventional methods of determining heirship of the decedent under state intestacy laws. The purpose of intestacy law is to determine the succession of a decedent that dies without a will, or intestate, with the goal of carrying out the donative intent of the decedent. Intestacy law has failed to keep pace with these technological advancements, which has left the legal status of posthumously conceived children (PCC) uncertain in many states

Probate Definition of Family: A Proposal for Guided Discretion in Intestacy, The

Intestacy statutes may not match the wishes of many people who die intestate. Changes to the Uniform Probate Code (UPC) include or exclude potential takers, as the drafters attempt to bring the UPC provisions closer to the intent of more intestate decedents. As the UPC tries to fine-tune the intestacy statutes, however, family circumstances continue to get more and more complicated. Families headed by unmarried couples, blended families with children from multiple marriages, and families in which adults raise children who are not legally theirs, have become commonplace. For some decedents, non-family friends and caregivers may be more important than legal relatives. Given the diversity of decedents\u27 family structures and wishes with respect to their property, constructing an intestacy statute based on fixed rules has become ever more problematic. This Article examines the UPC\u27s treatment of the family in the intestacy rules and looks at provisions from other state intestacy statutes. The Article analyzes the definitions of spouse and child and identifies problems created by the current definitions. The Article reviews some of the many proposals for intestacy reform, especially those that advocate a degree of judicial discretion. After discussing provisions in the UPC and a few state statutes that already permit judicial discretion, the Article proposes an intestacy statute that provides a relatively simple default rule for inheritance and permits judicial discretion, exercised within a framework of statutory guidance, to determine the proper distribution of an intestate\u27s property

Land reform, inheritance rights and unintended consequences

No abstract available

A Goal-Based Approach to Drafting Intestacy Provisions for Heirs other than Surviving Spouses

The laws of intestate succession affect not only decedents who die without comprehensive and valid wills, but their surviving relatives, the state, and the public at large. Intestacy statutes providing for heirs other than surviving spouses are particularly important because such statutes often dispose of the bulk of an estate. This Note explores the various legislative goals underlying intestacy statutes, such as satisfying a decedent\u27s presumed intentions or fostering simplicity and uniformity of the statutes. The author concludes that no state legislature has adequately promoted these goals within its intestacy statute for heirs other than the surviving spouse and proposes a model intestacy statute for such heirs. The model statute attempts to strike the optimum balance of the many goals and attendant policies that underlie such statutes with the intent of serving the interests of both decedents and those who survive them

Free Will to Will? A Case for the Recognition of Intestacy Rights for Survivors to a Same-Sex Marriage or Civil Union?

This Note argues that courts should recognize intestacy rights for same sex couples that were validly married or civilly united in a state other than the one in which one of the partners died. Courts may validly recognize the marriage for intestacy purposes, even while refusing to recognize the marriage as against public policy. Part I details the recent provision of benefits in various states to same-sex couples. Part II argues that same-sex couples cannot necessarily rely on wills to effectuate their intent to leave their property to their spouses. Part III argues that when states refuse to recognize the marriages or civil unions of same-sex couples as being against the public policy of the state, they erroneously reject same-sex intestacy rights, creating a gap in the protection afforded to same-sex couples and defeating their likely intent. Part IV provides examples from case law permitting states to recognize intestacy rights--despite a general refusal to recognize the marriage-for surviving spouses of couples whose marriage violated the state\u27s public policy. Part V concludes that courts should limit this recognition of intestacy rights to same-sex couples who are validly married, or participated in a civil union or commitment ceremony, in order to avoid fraud and unnecessary litigation

Writing (gay and lesbian) wills

This article presents some of the findings of an empirical research project that explored writing wills for gay men and lesbians. The research aimed to examine the extent to which wills might contribute to sociological debates about alternative kinships and intimate citizenship. While the overarching aim of the project was an interest in the contents of the wills (which is to say the intentions of the testators), it also revealed the influence of the lawyers on the contents of the wills and the extent to which changes in legal practice in England have impacted on the place of will-drafting within the legal profession. Exploring this throws light on the extent to which wills express the authentic voice of a testator and raises questions about access to qualified will writers. Turning to the content of the wills, the place of ‘god children’ or children of friends’ is examined. While a very particular type of beneficiary, the focus provides a space for thinking more widely about the construction of the ‘inheritance families’ of gay men and lesbians