Abstract

This paper considers the public policy favoring testamentary bequests to charity and offers a critique of that policy. Public policy favors testamentary bequests to charity. At least, that is the claim of numerous courts and legislative bodies. The policy favoring charitable bequests may tip the scales in deciding the proper interpretation of a will or the merits of an undue influence, incapacity, or tortuous interference with inheritance claim. Paradoxically, courts and legislative bodies rarely discuss the source of this public policy. Nor do they inquire into the wisdom of the policy. They should.

Comments

34 Pace L. Rev. 983 (2014)

Keywords

Charitable uses, trusts, & foundations (Law), Undue influence, Charitable bequests -- Government policy, Charitable giving -- Economic aspects, Charity laws & legislation -- United States, Inheritance & succession -- United States, Wills -- United States, Legal ethics -- United States

Date of Authorship for this Version

Summer 2014

Volume Number

34

Issue Number

3

First Page

983

Last Page

1040

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