Public Policy or Political Correctness: Addressing the Dilemma of Applying Public Policy to Inheritance Issues

Date

2009

Journal Title

Journal ISSN

Volume Title

Publisher

Estate Planning & Community Property Law Journal

Abstract

Public policy is a focal background point for legal rules and decisions. However, the ongoing debate among legal scholars is what role, if any, public policy should really play in the law. The issue in estate planning is what courts can rely on in order to hold an inheritance provision invalid based on public policy. This comment is discusses what exactly “public policy” is and its scope of application. States define and apply public policy differently, creating inconstancy in the law. The comment discusses the multiple ways of public policy interpretation and then proposes framework to implement constancy.

Description

Keywords

Due process, Inheritance, Public policy, Trusts, Wills

Citation

2 EST. PLAN. & COMMUNITY PROP. L.J. 199