Article: Time for a New Restatement
Thomas P. Gallanis (George Mason University – Antonin Scalia Law School) recently published, Time for a New Restatement, 2025. Provided below is an Abstract:
In February 2025, the author wrote by email to the American Law Institute’s Director, Judge Diane Wood, encouraging the ALI to consider whether the time had come to undertake a new Restatement of the law of trusts. Director Wood replied swiftly and kindly that “[t]his possibility had not been on my radar” but that the ALI would begin thinking about “the best way to take a closer look at your suggestion.” The ALI now is considering the idea.
This brief article is aimed at building support for a new Restatement. The article also examines whether a new Restatement of the law of trusts might be bundled with a new Restatement of the law governing wills and other donative transfers.