How to Overcome the Disparate Impact of Succession Statutes, Inheritance Laws, and the Uniform Probate Code Laymen and probate practitioners may debate issues concerning same sex marriages. However, what is not debatable is that same-gender couples lack true donative freedom under current probate law. Brian Edwards explores the problems facing same sex couples in the enaction and enforcement of their testamentary plans in his recent and well written article, True Donative Freedom: Using Mediation to Resolve the Disparate Impact current Succession Law Has on Committed Same-Gender Loving Couples, 23 OHIO ST.J. ON DISP. RES. 715 (2008). Edwards suggests that mediation can be used to create a plan for same sex couples for enforcement of their donative intentions. He also argues that mediation can be used to solve problems and address other issues that typically arise between the surviving blood relatives and the surviving partner in a committed same sex relationship.
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