ARE THE FORMALITIES OF WILL EXECUTION BENEFICIAL OR DETRIMENTAL

The WIll

This conflict led Langbein to conclude that the formalism of strict compliance is “mistaken and needless.” Indeed, he proclaimed that “we should shudder that we still inflict upon our citizens the injustice of the traditional law.” Legal scholars have widely echoed this critique, and few argue that the legal effectiveness of a will should be based upon the traditional rule of strict compliance.

Should Courts require the strict compliance with will execution formalities or take a more relaxed approach which would allow for more flexibility in determining the testamentary intent of the decedent.  The link provides access to an article recently published by Professor Mark Glover of the University of Wyoming Law School in the St. John’s Law review.  A recommended read for brethern lawyers practicing in the estate and trusts law area.

WILL EXECUTION DECOUPLED

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