Richard F. Storrow, The Secret Life of Testamentary Schemes

Richard F. Storrow has made available his article, The Secret Life of Testamentary Schemes, published in the Drake Law Review, Vol. 68, No. 1, 2020. The Abstract is as follows:

The testamentary scheme, a poorly understood interpretative tool used by courts to determine the meaning of a will’s dispositive provisions, is insufficiently theorized in both case law and scholarly commentary. Based on a painstaking study of testamentary schemes in context, in this article I raise and defend three propositions: (1) a testamentary scheme is a dominant purpose that is intrinsic to the will; (2) a testamentary scheme is most appropriately used (a) to bring plain language into sharper focus or (b) to fill omissions in dispositive provisions; and (3) if a testamentary scheme can do either (2)(a) or (2)(b), there is no need to resort to evidentiary presumptions.

To see full article click: The Secret Life of Testamentary Schemes by Richard F. Storrow

Posted by Lewis J. Saret, Co-General Editor, Wealth Strategies Journal.

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