Torts and Estates: Remedying Wrongful Interference with Inheritance

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Torts and Estates: Remedying Wrongful Interference with Inheritance

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Title: Torts and Estates: Remedying Wrongful Interference with Inheritance
Author: Sitkoff, Robert H; Goldberg, John C. P.

Note: Order does not necessarily reflect citation order of authors.

Citation: John C. Goldberg & Robert H. Sitkoff, Torts and Estates: Remedying Wrongful Interference with Inheritance, 65 Stan. L. Rev. 335 (2013).
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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.
Published Version: http://www.stanfordlawreview.org/sites/default/files/Goldberg-65-Stan-L-Rev-335.pdf
Other Sources: http://www.law.harvard.edu/programs/olin_center/papers/pdf/Sitkoff_et%20al_720.pdf
http://ssrn.com/abstract=2117989
Terms of Use: This article is made available under the terms and conditions applicable to Other Posted Material, as set forth at http://nrs.harvard.edu/urn-3:HUL.InstRepos:dash.current.terms-of-use#LAA
Citable link to this page: http://nrs.harvard.edu/urn-3:HUL.InstRepos:15031299
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