Category Archives: Succession
Jennifer Rothman, ‘Postmortem Publicity Rights at the Property-Personality Divide’
ABSTRACT In this essay, I consider what private law theory and its various understandings of property reveal about the right of publicity. I begin by identifying the current state of right of publicity laws and the ongoing confusion over the right’s status as property. I then consider what it would mean to take seriously the […]
Rivlin and Lifshitz, ‘Reimagining Marital Property at Death’
ABSTRACT This paper argues that death should not automatically terminate the marital partnership, and it suggests a novel and comprehensive model for the regulation of marital property upon death. According to the conventional view, the idea of marital partnership implies an equal division of the marital assets upon dissolution. Thus, in the event of death, […]
‘BC Supreme Court orders will variation due to gender bias’
The Supreme Court of British Columbia varied a will to address the gender-based discrimination that influenced the distribution of an estate, most of which went to the son, to increase the daughter’s share in the estate. The testator in this case had two children, a daughter and a son. Her 2018 will bequeathed the majority […]
‘Heirs’ partition action not barred: Dog’s longevity leads to property dispute’
The Rappahannock County Circuit Court ruled that a property settlement agreement (PSA) allowing a man to live on property during his dog’s life did not prevent his heirs from seeking to partition the property after the dog outlived him. The PSA had minimal instructions for the scenario where the man died before the dog, which […]
‘Call For Papers: Trusts & Estates Collaborative Research Network (CRN) of Law and Society Association’
Trusts & Estates Collaborative Research Network – Law and Society Association Annual Meeting – Chicago, Illinois May 22-25, 2025. Call for Participation – Deadline September 29, 2024. The Trusts & Estates Collaborative Research Network invites proposals for (i) individual papers to be organized into panels; (ii) fully-formed panel proposals; and (iii) proposals for other sessions […]
Lorraine Williams and others, ‘Why did England change its law on deceased organ donation in 2019? The dynamic interplay between evidence and values’
ABSTRACT In the three years since the law on adult deceased organ donation consent in England changed to include an opt-out system, there has been no discernible change to donation rates. The lack of a positive impact on donation rates was predicted by many of those who took part in debates before and during the […]
Giuliana Perrone, ‘Rehearsals for Reparations’
ABSTRACT This article considers a subset of lawsuits in which emancipated people sued to have their enslavers’ bequests to them honored. It contends that we should see these suits as contests over reparations. By exploring this unappreciated history, this article argues that enslavers themselves believed reparations were due and were willing to pay them, that […]
Goodtime Chimnecherem Okara, ‘Scotland in the Forefront of Property Law Reforms in the UK: Potential Implications for the Scottish People’
ABSTRACT The Scottish Government has taken steps to revolutionise its body of law on ‘trust and succession’ and housing. The recent Trusts and Succession (Scotland) Act 2024 has severally impacted the issues of appointment and removal of trustees, fiduciary duties of trustees, rights of beneficiaries, and Environmental, Social, and Governance (ESG) investments in Scotland; while […]
‘When property held “in trust” is not a trust: the decision in Nazir v Begum [2024] EWHC 378′
At first blush the decision of Freedman J in Nazir v Begum [2024] EWHC 378 (KB) appears counterintuitive. Section 33(1) of the Administration of Estates Act 1925 (‘AEA’) states that: ‘On the death of a person intestate as to any real or personal estate, that estate shall be held in trust by his personal representatives […]
‘The Wealth Planning Climate’
Trace Brooks, ‘Incorporating Social Justice and Environmental Sustainability into Estate Planning Through Conservation Easements’, 49 ACTEC Law Journal 1 (2023); Carla Spivack, ‘Estate Planning for the Apocalypse’, 49 ACTEC Law Journal 85 (2023). Climate change and environmental justice are topics that thread through and are pushing the boundaries of legal inquiry in multiple doctrinal areas. […]