Ipse Dixit

From the Archives 64: Norman Dacey Tells You How to Avoid Probate! (1966)


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In 1965, Norman Dacey published "How to Avoid Probate!," in which he advised people to avoid the probate "racket" by using an inter vivos trust. Dacey was a financial planner from Connecticut, not a lawyer. When he began advising his clients to use inter vivos trusts, the Connecticut Bar Association filed an unauthorized practice of law charge against him. In response Dacey published his book, which was immediately successful. The book not only explained how to create an inter vivos trust, but also provided a panoply of forms that people could use to create a trust.

Lawyers were horrified, and published innumerable critical reviews of Dacey's book. And the New York County Lawyer's Association sued Dacey charging unlawful practice of law, but Dacey won the suit on appeal.

In 1966, Dacey recorded this LP, which was also published by The National Estate Planning Council. Among other things, Dacey quotes Professor Fred Rodell of Yale Law School at great length. Dacey's comments on the sanctimony and venality of the legal profession are quite amusing indeed.

Dacey eventually moved to Ireland, and died in 1994. His book is still popular, as are inter vivos trusts, despite some detractors.

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