Unit 9 – Special Topics Prof. Paul Courtright

Unit 9 – Special Topics in Wills and Probate This week we will explore some other issues that you should be familiar with in wills, probate, and estate administration. You will cover this week the function of the Uniform Law Commissioners and review some of those uniform laws that impact this area of study. You will see how most states are similar with regard to basic will laws, though you will also learn some differences.

Uniform Probate Code The 1991 Uniform Probate Code (UPC 1991) is a nationally recommended and up-to-date model for the improvement of state law relating to the succession of property at an owner's death, as controlled by will, intestacy statute, and the probate process. The UPC has long been applauded for its reform provisions, which are designed to shorten and simplify the probate of estates. Aspects of nonprobate transfers on death are also covered in the UPC, as are guardianships and other protective arrangements for minors and incapacitated adults. The UPC aims to make laws more uniform among the states, and promotes a speedy and efficient system for estate administration.

Uniform Probate Code UPC 1991 replaces the earlier 1969 Uniform Probate Code that has been enacted in 18 states, and accepted in part in all but a few of the remaining states. The 1969 UPC was the product of an eight-year collaborative effort of the National Conference of Commissioners on Uniform State Laws (ULC), and the Real Property, Probate and Trust Law Section of the American Bar Association (ABA Section). The 1991 revision is the culmination of a systematic study of the Code conducted by the Joint Editorial Board for the Uniform Probate Code (JEB/UPC), an organization representing the ULC, the ABA Section, and the American College of Trust and Estate Lawyers. UPC 1991 also reflects earlier work of the JEB/UPC and ULC drafting committees that revised and expanded the 1969 Code in the 1970s and 1980s.

Uniform Probate Code What are some of the reforms the UPC seeks to make? 1. to simplify and clarify the law concerning the affairs of decedents, missing persons, protected persons, minors and incapacitated persons; 2. to discover and make effective the intent of a decedent in distribution of his property; 3. to promote a speedy and efficient system for liquidating the estate of the decedent and making distribution to his successors; 4. to facilitate use and enforcement of certain trusts; 5. to make uniform the law among the various jurisdictions.

The National Conference of Commissioners on Uniform State Laws (ULC) The ULC - What is it? The Uniform Law Commission (ULC, also known as the National Conference of Commissioners on Uniform State Laws), established in 1892, provides states with non-partisan, well-conceived and well- drafted legislation intended to bring clarity and stability to critical areas of state statutory law.

The National Conference of Commissioners on Uniform State Laws (ULC) The ULC is a unique institution created by state government to consider state law and to determine in which areas of the law uniformity is important. The ULC’s work is to continuously better family law, resolve conflicts between the law of the states, improve health law, fend off federal preemption, and champion the cause of state government and state legislatures.

The National Conference of Commissioners on Uniform State Laws (ULC) ULC members must be lawyers, qualified to practice law. They are practicing lawyers, judges, legislators and legislative staff and law professors, who have been appointed by state governments as well as the District of Columbia, Puerto Rico and the U.S. Virgin Islands to research, draft and promote enactment of uniform state laws in areas of state law where uniformity is desirable and practical.

The National Conference of Commissioners on Uniform State Laws (ULC) What are uniform laws? A uniform state law is a statute that has been promulgated by the Uniform Law Commission. Although other organizations may adopt the term “uniform” when describing their own acts, generally, when the term “uniform” is used, it is highly likely that it is a law that has been drafted and approved by the ULC.

The National Conference of Commissioners on Uniform State Laws (ULC) The ULC also promulgates “model” acts. A uniform act is one in which uniformity of the provisions of the act among the various jurisdictions is a principal and compelling objective. An act may be designated as “model” if the principal purposes of the act can be substantially achieved even though it is not adopted in its entirety by every state.

The National Conference of Commissioners on Uniform State Laws (ULC) Q: What do you think about the concept of the National Conference of Commissioners on Uniform State Law -- does it make sense?

Adoption of the Uniform Probate Code Eighteen of 50 states have adopted the UPC at least in some part. Q: Should this fact be looked at as a success or as a failure? Did all the effort achieve the purpose?

Unit 9 Summary To have a well-rounded knowledge of wills and probate, it’s important to be familiar with origins of certain things that affect or develop law in the area of wills, probate, and estate administration. Understanding the function of the Uniform Law Commissioners as a source for the Uniform Probate Code is an important part of practicing in probate. In your studies, you will see how most states are similar with regard to basic will laws through the UPC, though you will also learn some differences.

Unit 9 Conclusion Any questions on Unit 9? Remember that you have your final exam this week. Please do not fail to take or complete it. Last call for all late work. Upcoming for Unit 10 – Reflective Summary Discussion Thank you for the privilege to teach you this term. Please remember to give Kaplan feedback on me and this class in the survey. Have a great week and best wishes on your future.