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Publication Date

1970

Abstract

NO one would deny that our laws should provide an efficient and rational system for the transmission of wealth, whether by intestacy or under the terms of a will. It is important, therefore, that our statutes and judicial decisions periodically be subjected to a critical analysis to determine how well they continue to serve their purpose. Much can be done to improve Georgia's probate code in specific areas without making drastic or revolutionary changes. A few of our statutes are archaic reminders of another era and have no place in modem law; these should be repealed. Other statutes should be amended to make them function better. Settled rules are, of course, important to the stability of property rights, but these should not escape revision where the reasons for such action are affirmative and compelling. While no change should be made merely for the sake of change, no needed reform should be omitted simply because the current particular law or practice is of ancient lineage. The purpose of this article is to suggest several specific reforms and to attempt to explain why they should be made. No effort is made to enumerate all the troublesome areas. The changes recommended are not definitive or comprehensive, but are simply illustrative of matters that a complete study would bring to light. Total agreement with the writer's conclusions would be undesirable and certainly unexpected.

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