Read Full Article (PDF)
Freedom of disposition is unquestionably accepted as the organizing principle of inheritance law in the United States. But what if we’ve been wrong about that this whole time? Or perhaps we haven’t been wrong exactly, but instead have been badly overstating things? Regardless of the answers, these are questions worth exploring. It’s time for a reckoning.
Kevin Bennardo *
* Clinical Professor of Law at the University of North Carolina School of Law and NonResident Associate Justice of the Supreme Court of the Republic of Palau. Thank you to Jillian Chen Johnson (UNC Law Class of 2025) for her assistance with researching sources for Part I.