Abstract

http://ssrn.com/abstract=2128315
 


 



Deliberative Accountability Rules in Inheritance Law: Promoting Accountable Estate Planning


Shelly Kreiczer-Levy


Academic Center of Law and Business

October 25, 2011

University of Michigan Journal of Law Reform, Vol. 45, No. 4, 2012

Abstract:     
In the last few decades, the emerging trend in trust and estate law has been a steady loosening of the limitations on testamentary freedom. The 1990 Uniform Probate Code pioneered some of these developments. Construction rules are no exception. It is widely accepted that testamentary construction rules should track the owner’s presumed intent. In this article, I argue that there is also room, alongside these intent-furthering rules, for intent-defeating rules in inheritance law. A property owner lacks incentives to internalize the relational, familial, or economic effects of her allocation. Such rules, termed deliberative accountability rules, are therefore designed to foster accountability in estate planning. These rules burden the owner with requirements to think her decision through, and to give reasons for and face the relational consequences of her act. These rules work to counterbalance the freedom of the owner by requiring her to make an informed decision.

Number of Pages in PDF File: 28

Keywords: Inheritance, Accountability, Penalty Rules, Construction Rules, Testamentary Freedom

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Date posted: August 13, 2012  

Suggested Citation

Kreiczer-Levy, Shelly, Deliberative Accountability Rules in Inheritance Law: Promoting Accountable Estate Planning (October 25, 2011). University of Michigan Journal of Law Reform, Vol. 45, No. 4, 2012. Available at SSRN: http://ssrn.com/abstract=2128315

Contact Information

Shelly Kreiczer-Levy (Contact Author)
Academic Center of Law and Business ( email )
26 Ben-Gurion St.
Ramat-Gan
Israel
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