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Toward a Model Law of Estates and Future Interests


D. Benjamin Barros


Widener University - School of Law

August 21, 2008

Widener Law School Legal Studies Research Paper No. 08-48

Abstract:     
The American law of estates and future interests is tremendously complex. This complexity is unjustifiable because it serves no modern purpose. Many of the distinctions between types of interests in the current system of ownership are vestiges of ancient English feudal concepts and owe their place in the law solely to historical accident. This article develops a proposed model law designed to simplify and modernize the basic property ownership system. The proposals made here differ substantially from prior suggestions for legislative reform, and reflect issues of enactability and retroactivity that previously have been neglected in the literature. The article both builds on and critiques the recently-released preliminary draft of Division VII of the Restatement Third, Property (Wills and Other Donative Transfers), and explains why a model law will be more effective than a Restatement in achieving modernization and reform of the estates and future interests system.

Number of Pages in PDF File: 57

Keywords: property, future interests, donative transfers, estates, Restatement Third, Property

JEL Classification: K11

working papers series


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Date posted: August 22, 2008 ; Last revised: December 17, 2008

Suggested Citation

Barros, D. Benjamin, Toward a Model Law of Estates and Future Interests (August 21, 2008). Widener Law School Legal Studies Research Paper No. 08-48. Available at SSRN: http://ssrn.com/abstract=1244122 or http://dx.doi.org/10.2139/ssrn.1244122

Contact Information

D. Benjamin Barros (Contact Author)
Widener University - School of Law ( email )
4601 Concord Pike
Wilmington, DE 19803-0474
United States
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