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The Expressive Function of Succession Law and the Merits of Non-Marital Inclusion

Abstract

The 1990 Uniform Probate Code does not provide intestate inheritance rights to the surviving same-sex committed partner of a decedent. Revision of the 1990 Code to include the provision of such intestate inheritance rights would further the 1990 Code's principal value of promoting donative freedom and could be implemented in a manner that would be consistent with the subsidiary values that ground the 1990 Code. Revision of the 1990 Code to include same-sex intestate inheritance rights also would be likely to facilitate the emergence of progressive social norms that value positively gay men and lesbians and their relationships.

How to Cite

41 Ariz. L. Rev. 1063 (1999)

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Authors

E. Gary Spitko (Indiana University)

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