Revocation on Divorce and the State as Heir: Fixing the Uniform Probate Code
- Author(s):
- Thomas P. Gallanis
- Posted:
- 08-2025
- Legal Studies #:
- 25-16
- Availability:
- Full text (most recent) on SSRN
ABSTRACT:
Suppose that, prior to a divorce, a testator devises the residue of his estate to his spouse if she survives him, otherwise "one half to my heirs and one half to my spouse's heirs." If the testator dies after the divorce and without revising the will, who is entitled to the residue? The answer under the Uniform Probate Code (UPC) will come as a surprise. One half of the residue will escheat to the state as the heir of the former spouse. The result arises from a glitch in the UPC inadvertently introduced when the UPC was revised in 1990. This Article identifies and analyzes the glitch and proposes a statutory solution for the Uniform Law Commission and the legislatures of enacting states.