Courts have long assumed that one’s power to make a will is too personal to transfer to another person. This article demonstrates, however, that the non-delegability rule is a fallacy. In showing that the ghostwritten will is and has long been a valid (though largely hidden) part of American law, the 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, the article demonstrates that new laws recognizing a principal’s power to grant her agent will-making authority would provide results far more transparent and efficient than those springing from older forms of ghostwritten wills.
- Testamentary Capacity,
- Powers of Attorney,
Available at: http://works.bepress.com/ralph_brashier/1/