Article On Freedom Of Inheritance

Mark Glover (Professor, University of Wyoming College of Law) has recently published an article entitled, Freedom of Inheritance, Utah L. Rev. (2017 Forthcoming). Provided below is an excerpt from the article:

Although legal scholars have paid much attention to the donor’s freedom of disposition and have explained that it plays an important role in maximizing social welfare, relatively little attention has been paid to the donee’s freedom of inheritance and the role it plays in maximizing the utility generated from the donor’s estate. To fill this analytical void, this Article defines the donee’s freedom of inheritance and identifies how it works in concert with the donor’s freedom of disposition to maximize social welfare. Ultimately, this Article argues that the donee’s freedom of inheritance is an important part of the process of transferring wealth after death and that policymakers should strive to facilitate the donee’s exercise of this freedom when crafting the law of succession.