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Best Practices for Scriveners

Lawyers drafting wills and trusts must regularly contemplate age-old issues such as ademption, advancement and lapse, as well as more recent issues such as who is to be considered a under the new biology of assisted reproduction. At common law, a number of doctrines were formulated to deal with these recurring issues. The Uniform Probate Code (UPC) likewise addresses these issues through a series
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Lawyers drafting wills and trusts must regularly contemplate age-old issues such as ademption, advancement and lapse, as well as more recent issues such as who is to be considered a “descendant” under the new biology of assisted reproduction. At common law, a number of doctrines were formulated to deal with these recurring issues. The Uniform Probate Code (UPC) likewise addresses these issues through a series of default rules used in the construction of wills, trusts and other dispositive

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