‘Descendibility: The Neglected Stick in the Bundle’

David Horton, Indescendibility, 102 California Law Review (forthcoming, 2014), available at SSRN. Should the right to transfer an asset after death extend to kidneys, personal injury claims, or frequent flier miles? In Indescendibility, Professor Horton provides a fascinating and in-depth examination of this neglected right in property law’s bundle of sticks. He maps out a theoretical justification for indescendibility, grounding it in a set of practical concerns about the administration of posthumous property, and offers several suggestions for law reform. Professor Horton has a knack for unearthing unique and cross-cutting themes in the law of trusts and estates, and this piece again provides readers with significant food for thought … (more)

[Alexander Boni-Saenz, JOTWELL, 22 September]

First posted 2014-09-22 11:38:09

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