Wills and the Nebraska Probate Code
No Thumbnail Available
Day, William A. Jr.
FIRST PARAGRAPH(S)|Many people, especially laymen, are under the presumption that the right to make a will is precisely that-a right. That is not the fact. There is no "right" to make a will. There is only a privilege so far as the legislature deems it desirable to extend that privilege. The privilege, at least in Anglo-Saxon law, derives from the Statute of Wills enacted under the reign of Henry VIII. We have no "right" in general under the common law except by statute to-make wills. The Probate Code provisions which grant to the citizens of Nebraska the right to make a will are derived from a combination of the definition of a will in the Code and the express authority to make a will and dispose of property under section 30-2326. The Code provisions are equivalent to the Statute of Wills repealed by the Nebraska Probate Code...
9 Creighton L. Rev. 496 (1975-1976)
Creighton University School of Law