Decoupling the Law of Will-Execution

Authors

Mark Glover

Document Type

Article

Abstract

(Excerpt)

This Article proceeds in four parts. Part I explains the context of reform, including the traditional law of will-execution, the criticism of strict compliance, and the reform movement. Next, by explaining the purpose of testamentary formality, Part II serves as the foundation for decoupling the analysis of will formalities from the analysis of strict compliance. Part III completes the process of decoupling the law of will-execution by examining the purpose of strict compliance. Finally, Part IV explores the implications that the recognition of the independent purposes of will formalities and strict compliance has for the law of wills. Specifically, it explains how this framework clarifies the costs and benefits of reform and how such an analysis ultimately galvanizes the arguments in favor of change.