Uniform Probate Code–Illegitimacy–Inheritance and the Illegitimate: A Model for Probate Reform

The Uniform Probate Code (Code), which was approved by the American Bar Association in August 1969, deals with the problem of inheritance by illegitimates both with regard to intestate succession-section 2-109-and also with regard to the construction of a bequest to “children” by will-section 2-611. This Note will examine the issue whether the Code, which presents a comprehensive model for probate reform, deals with the problem of inheritance by illegitimates in an appropriate, desirable, and constitutional manner. The Code provisions concerning illegitimacy relate to many other provisions of the Code in which childhood status is relevant; therefore, it will be useful to analyze these other provisions in order to assess the over-all effect of section 2-109 and section 2-611 in an integrated probate system. On the other hand, the formulae set out in sections 2-109 and 2-611, if constitutional, could constitute a desirable model for probate reform-even apart from the entire reform package of the Code-for those states that wish to, or, indeed, who are forced to, reform their laws in this important area.