The Nonprobate Revolution and the Future of the Law of Succession

摘要

The popular demand for probate avoidance has coincided with a fundamental change in the nature of wealth. Mogt property now takes the form of claims on financial intermediaries, who can easily transfer account balances on death, without court proceedings. Further, creditors have developed a variety of techniques for collecting decedents\u27 debts without probate. Professor Langbein sees in these developments the basis for legitimating the main will substitutes as \u22nonprobate wills\u22 and for unifying the constructional law of wills and will substitutes.