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Cornell Journal of Law and Public Policy

Keywords

Inheritance law, Testamentary Freedom

Abstract

This Essay explores the dialectic between stability and dynamism in property, inspired by the work of Gregory Alexander. Its focus is inheritance law and the conflicting commitments between the past and the present. Inheritance contributes an added layer of complexity to the familiar dialectic. It complicates the tension between communities and individualism and adds a dialectic between a commitment to past values, tradition and customs and a commitment to individual values and a fresh voice. This complexity advances a double, contradictory meaning of current inheritance rules. On the one hand, testamentary freedom symbolizes individualism and dynamism, because it provides owners with the freedom to choose their beneficiaries, free from traditional expectations. On the other hand, adherence to the wishes of past owners represents stability and respect for the past generations, and restrains the free use of successors. This double dialectic serves as the framework for analyzing inheritance law dilemmas.

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