Tipping the Scales in Favor of Charitable Bequests: A Critique

Abstract

This paper considers the public policy favoring testamentary bequests to charity and offers a critique of that policy.

Public policy favors testamentary bequests to charity. At least, that is the claim of numerous courts and legislative bodies. The policy favoring charitable bequests may tip the scales in deciding the proper interpretation of a will or the merits of an undue influence, incapacity, or tortuous interference with inheritance claim. Paradoxically, courts and legislative bodies rarely discuss the source of this public policy. Nor do they inquire into the wisdom of the policy. They should.