‘Designing Delusion Doctrine’

Joshua C Tate, Personal Reality: Delusion in Law and Science, 49 Connecticut Law Review (forthcoming 2017), available at SSRN. In Personal Reality, Professor Tate takes us on a wide-ranging tour through cases of delusional testators, empirical psychological studies, and assorted doctrinal reform proposals. This is all in the service of figuring out what to do with the insane delusion doctrine, which gives rise to cases with colorful facts but also judicial applications that raise red flags. In the end, Tate presents us with his solution: transforming the insane delusion doctrine from a sword for will contestants into a shield for will proponents. This is a clever and useful contribution to the lively debate over this doctrine, and this article is a must-read for those intrigued by this area of trusts and estates … (more)

[Alexander Boni-Saenz, JOTWELL, 31 October]

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