Statutory Will Methodologies—Incorporated Forms vs. Fill-In-Forms: Rivalry or Peaceful Coexistence?
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There are a multitude of reasons why a majority of people die intestate. Statutory wills offer an alternative method in which the layperson can ensure his estate is disposed of according to his wishes. This article begins with a comprehensive discussion of the history, contents, and operation of currently existing statutory wills. After examining the pioneering English legislation, this article turns to the American experience with statutory wills. The Uniform Statutory Will Act is considered, followed by a review of the fill-in-the-blank statutory will forms. The analysis of statutory wills is divided into two major sections. First, the article examines the functions and purposes of will forms, as well as the potential difficulties arising from their use. Second, the article analyzes the different types of statutory will methodologies. The incorporation by reference approach of the Uniform Statutory Will Act is compared and contrasted with the fill-in-the-blank approach. The article concludes with recommendations on how these differing methodologies may be used to create effective statutory wills.