Robert Sitkoff, ‘Trusts and Estates: Implementing Freedom of Disposition’

The Trusts and Estates course is about the law of gratuitous transfer at death, that is, the law of succession. Lately such courses have come to cover both probate succession by will and intestacy, and nonprobate succession by inter vivos trust, pay-on-death contract, and other such will substitutes. The organizing principle of the American law of succession, both probate and nonprobate, is freedom of disposition. My suggestion in this Essay, which I have implemented in my Trusts and Estates class and in the casebook for which I am the surviving coauthor, is that the Trusts and Estates course can likewise be organized around this principle. The Trusts and Estates course is perhaps best conceptualized as a survey of the law and policy of implementing freedom of disposition …

Robert H Sitkoff, TRUSTS AND ESTATES: IMPLEMENTING FREEDOM OF DISPOSITION. St Louis University Law Journal, Vol 58, No 3 (2014).

First posted 2014-06-17 12:33:47

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