Carla Spivack and Deborah Gordon, ‘Donative Freedom, Disrupted’, 91 Brooklyn Law Review (forthcoming, 2026), available at SSRN (5 February 2025). Donative freedom is the guiding principle of inheritance law. This is something that many of us who teach the subject tell students every semester, at the outset of a Wills and Trusts class. We keep repeating this truism because donative freedom turns out to be the answer to many of the questions we encounter, questions about why a certain rule exists or why a court case produces a certain result. What happens less frequently is sustained inquiry into the principle of donative freedom, its history, and the political economy supporting it … (more)
[Allison Anna Tait, JOTWELL, 16 April 2026]
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