Abstract

http://ssrn.com/abstract=2117989
 
 

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Torts and Estates: Remedying Wrongful Interference with Inheritance


John C. P. Goldberg


Harvard Law School

Robert H. Sitkoff


Harvard Law School

January 26, 2013

Stanford Law Review, Vol. 65, 2013
Harvard Public Law Working Paper No. 13-10

Abstract:     
This Article examines the nature, origin, and policy soundness of the tort of interference with inheritance. We argue that the tort should be repudiated because it is conceptually and practically unsound. Endorsed by the Second Restatement of Torts and recognized by the U.S. Supreme Court in a recent decision, the tort has been adopted by courts in nearly half the states. But it is deeply problematic from the perspectives of both inheritance law and tort law. It undermines the core principle of freedom of disposition that undergirds American inheritance law. It invites circumvention of principled policies encoded in the specialized rules of procedure applicable in inheritance disputes. In many cases, it has displaced venerable and better-fitting causes of action for equitable relief.

Number of Pages in PDF File: 65

JEL Classification: D10, D64, H31, K11, K13, K41

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Date posted: July 26, 2012 ; Last revised: June 6, 2013

Suggested Citation

Goldberg, John C. P. and Sitkoff, Robert H., Torts and Estates: Remedying Wrongful Interference with Inheritance (January 26, 2013). Stanford Law Review, Vol. 65, 2013; Harvard Public Law Working Paper No. 13-10. Available at SSRN: http://ssrn.com/abstract=2117989

Contact Information

John C. P. Goldberg
Harvard Law School ( email )
Areeda 232
1545 Massachusetts Ave
Cambridge, MA 02138
United States
617-496-2086 (Phone)
Robert H. Sitkoff (Contact Author)
Harvard Law School ( email )
1575 Massachusetts Avenue
Cambridge, MA 02138
United States
(617) 384-8386 (Phone)
(617) 812-6195 (Fax)
HOME PAGE: http://www.law.harvard.edu/faculty/directory/facdir.php?id=649
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