A deceased client can’t comment on how his remaining personal property should be transferred. Is it any wonder then that the pre-death writing of a client’s post-mortem wealth transfer desires is called a “will”? Curiously, the modern tax-based will has very little, if any, language discussing the client’s personal desires. The lack of personalized dispositive-purpose language in trusts and wills may be more intentional than we realize. A leading ...

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