Many couples who have toiled all their lives for their worldly goods often wish to make a common disposition of their property. The usual situation is for a couple to leave the entire estate of the first to die to the surviving spouse either absolutely or in the form of a life estate on condition that the last to die leave it to designated third persons. This type of common disposition is often effectuated by the use of a joint, mutual, or reciprocal will. A recent state supreme court decision has changed Nebraska's position concerning the contractual aspect of such wills and the purpose of this article is: (1) to comment on Nebraska's present position regarding these wills in light of this case and (2) to discuss the problem of qualifying the interest that passes to the surviving spouse under the above mentioned wills for the marital deduction for federal estate tax purposes.
Gary D. Blair,
Joint and Mutual Wills in Nebraska and the Marital Deduction,
46 Neb. L. Rev. 872
Available at: http://digitalcommons.unl.edu/nlr/vol46/iss4/8