Richard F. Storrow has made available for download his paper, “Family Protection in the Law of Succession: The Policy Puzzle,” published as part of Northeastern University Law Review, Vol. 11, No. 1, 2018. The abstract of the article, available on SSRN, reads as follows:
To promote the protection of families, succession law diminishes the power of testation in a variety of ways that shield surviving spouses and children from disinheritance. The article conducts a survey of the law in fifty states, five main territories, and the District of Columbia and uncovers a remarkable diversity of family-protection provisions. Less apparent than the substance of the provisions themselves are the policies behind them. In a comprehensive study, this article concludes that family-protection provisions seek to prevent decedents from using their testamentary freedom in ways that impoverish those who are dependent upon them or that work unfairness against family members who have contributed in important ways to the accumulation of their wealth. In addition to these concerns is a notable ambivalence about the extent to which family protection statutes should undercut the expectations of those who have been promised a share of a decedent’s estate.
Download the full article at: Family Protection in the Law of Succession: The Policy Puzzle by Richard F. Storrow :: SSRN.