The ghostwritten will

Abstract

Courts have long assumed, and sometimes explicitly stated, that one's power to make a will is too personal to transfer to another person. This Article demonstrates that such assumptions and statements are inaccurate and harmful. In showing that the ghostwritten will is and always has been a valid (though largely hidden) part of American law, this Article frees legislators, judges, and scholars to consider ways in which direct authorization of the ghostwritten will can serve the needs of a rapidly aging society. In particular, this Article demonstrates that new laws recognizing a principal's power to grant her agent will-making authority would provide far more transparent and efficient results than those springing from older forms of ghostwritten wills.

Publication Title

Boston University Law Review

This document is currently not available here.

Share

COinS