An Empirical Assessment of the Potential for Will Substitutes to Improve State Intestacy Statutes

This article uses an empirical study to test whether, in the absence of a will, beneficiary designations in will substitutes provide reliable evidence for determining decedents\u27 donative intent in an intestacy statute. No previous scholarship has explored the relationship between will substitute beneficiary designations and intestacy statutes. Throughout this project, we remained mindful that the import of will substitute designations can be ambiguous when it comes to imputing intent with regard to an intestate decedent\u27s probate estate. The empirical study used a factorial research design in which interviewers asked respondents contacted by telephone to react to a series of hypothetical vignettes that differ along one or more dimensions. The survey tested two central hypotheses. The first hypothesis, which we call the new heir hypothesis, was that, if a will substitute beneficiary is not otherwise an heir, the will substitute reveals a decedent\u27s intent to create a new heir. The second hypothesis, which we call the advancement hypothesis, was that, if a will substitute beneficiary is otherwise an heir, the will substitute reveals a decedent\u27s intent to treat the proceeds from the will substitute as an advancement on that heir\u27s share of the probate estate, resulting in a greater portion of the probate estate passing to the decedent\u27s other heirs. We used bivariate and multivariate analyses to evaluate the data. This project goes a long way to identify the issues that must be resolved for will substitutes to play a role in the distribution of an intestate decedent\u27s probate estate. In general, will substitutes should affect the distribution scheme of intestacy statutes only for decedents who die without a surviving spouse or a descendant. These decedents are the very people who we know least about in terms of their likely donative intent, and they should be the focus of any future empirical study regarding will substitutes and inheritance law. Although more empirical study is necessary, based on this study, there is little support for the advancement hypothesis. The results of this study do suggest that the more distantly related the decedent\u27s heirs determined under a traditional intestacy statute, the more likely a decedent would want a will substitute beneficiary who is not otherwise an heir to be treated as a new heir and a will substitute beneficiary who is otherwise an heir to be treated as a favored heir. The results of our empirical study further suggest that the number of will substitute designations and, to a lesser extent, the value of those will substitutes relative to the probate estate matter. Any law reform would have to establish some threshold number and value before taking into account will substitutes in determining the distribution of a decedent\u27s estate. This empirical study has opened up the possibility for a major reform of the intestacy statutes in this country. The question no longer is whether will substitutes should be integrated into intestacy schemes, but how. trusts and estates, empirical scholarshi

Spatial Mobility, Family Dynamics, and Housing Transitions

This paper summarizes theoretical approaches and empirical research on the links between partnership and family dynamics on the one hand and spatial mobility and housing transitions on the other. Spatial mobility includes residential relocations and commuting. We consider three types of partnerships—living apart together, unmarried and married co-residential unions—and the transitions between them. We also consider separations and the death of a partner. Moreover, we pay attention to childbirth and its consequences for relocation decisions and housing. We differentiate spatial mobility according to distance and direction; housing transitions are considered mainly with respect to changes in ownership status and housing quality (e.g. size of the accommodation). In line with the adjustment perspective on spatial mobility, this paper demonstrates that spatial mobility is a means for individuals and households to adjust their housing situation and their place of residence to requirements of a changing household size and composition as well as to demands of the labor market. At the same time, spatial mobility seems to be more than a mere adjustment process of individuals or households: it is also a determinant of life course changes