Ante-Mortem Probate—The Definitive Will Contest Prevention Technique

Date

1998

Authors

Beyer, Gerry W.

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Abstract

The article begins with a review of the history and evolution of ante-mortem probate. Next, the current ante-mortem probate statutes are discussed, along with the reasons why practitioners in those jurisdictions choose to take advantage of or avoid using the procedure. The benefits and disadvantages of ante-mortem probate are considered, along with some practical advice on how to avoid or lessen the impact of some of them. A draft of the ante-mortem probate statute, which attempts to provide a comprehensive scheme for ante-mortem probate as well as to resolve some of the uncertainties which exist under current statutes, is offered at the conclusion.

Description

Keywords

ante-mortem probate, will contest prevention techniques, declaratory judgment, Uniform Ante-Mortem Probate of Wills Act, wills, testator, will contest, ante-mortem legislation, post-mortem will contests

Citation

Gerry W. Beyer, Ante-Mortem Probate - The Definitive Will Contest Prevention Technique, 23 ACTEC Notes 83 (1997-1998)