Inheritance Rights & Family Values

Linda Kelly Hill (Dale Palmer Professor of Law, Indiana University School of Law) has published her article No-Fault Death: Wedding Inheritance Rights to Family Values, 94 Ky. L.J. 319-361 (2005-2006).

Here is the conclusion of her article:

Marriage may be the “creation of morality,” but the morality of marriage defies legal definition. It is precisely this lack of definition which makes every effort to regulate marital behavior controversial. Yet in whatever arena the debate about marriage plays out, privacy ultimately prevails. The transformation of divorce law into a no-fault system exemplifies the acknowledgment of marriage as a right uniquely belonging to every individual. By adopting no-fault standards, probate law may easily follow the direction of no-fault divorce law and recognize that the individual right of marriage is best protected when left alone.