Private Law Theory

“Mark Glover, Rethinking the Testamentary Capacity of Minors, 79 Missouri Law Review 69 (2014). The primary goal of the law of wills is to allow individuals to decide how to distribute their property upon death. Yet, the vast majority of states prohibit minors under the age of 18 from distributing their property through a will. Interestingly, few scholars have questioned the reasons underlying this categorical denial of testamentary capacity to minors. In his 2014 article, Rethinking the Testamentary Capacity of Minors, Professor Mark Glover examines the possible rationales for the rule and concludes that none of these justifications warrant denying all minors testamentary freedom …” (more)

[Solangel Maldonado, JOTWELL, 3 June]

First posted 2015-06-03 15:54:15