In In re Estate of O'Brien, the Supreme Court of Washington held that intent to pass a deed title at death fulfills the inter vivos delivery requirement and that the will substitute statute removes ineffective conveyances from the will statute requirement. This Note concludes that the O'Brien interpretations of delivery and the will substitute statute are misguided, and recommends judicial reversal of the delivery ruling and a legislative rewording of the statute.
Susan T. Stearns,
Compressing Testamentary Intent into Inter Vivos Delivery: What Makes a Conveyance Effective?—In re Estate of O'Brien, 109 Wash. 2d 913, 749 P.2d 154 (1988),
64 Wash. L. Rev.
Available at: https://digitalcommons.law.uw.edu/wlr/vol64/iss2/10