Caregiving and the Case for Testamentary Freedom

Joshua C. Tate, Assistant Professor of Law, Southern Methodist University - Dedman School of Law; University of Pennsylvania Law School, has written another informative article. This time he writes about "Caregiving and the Case for Testamentary Freedom."

Excerpted from his abstract:

The article explores how almost all U.S. states allow individuals to disinherit their descendants for any reason or no reason, but most of the world's legal systems currently do not.

Tate contends that broad freedom of testation is defensible because it allows elderly people to reward family members who are caregivers. It deals with the growing problem of eldercare and how increases in life expectancy have led to a sharp rise in the number of older individuals who require long-term care, and some children and grandchildren are bearing more of the caregiving burden than others.

Recent econometric studies, not yet taken into account in legal scholarship, suggest a tendency among the American elderly to bequeath more property to caregiving children. A competent testator, rather than a court or legislature, is in the best position to decide how much care each person has provided and to reward caregivers accordingly rather than to have laws in place that punish them.

Very interesting. You can download it here in pdf format. Be sure to scroll down and click on one of the downloadable links.

Comments

[Linda]

This is a very interesting concept. I think it is a good idea and that people should be made aware of this option. I have witnessed where in a family only one person takes on the time, emotional, and many times financial requirements. I think that many elderly may feel guilty doing this on one hand and yet feel that they are justified on the other. This will hold true for the upcoming baby boomer crush of older individuals.