Default Rules in Inheritance Law: A Problem in Search of its Context

Hirsch, Adam J.

doi:10.2139/ssrn.520483

Cited by 10 publications

(7 citation statements)

References 12 publications

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“…Likewise, the high rate of intestacy is not the result of agreement with, or reliance on, the default rules of heirship. Although agreement with the default rules could reduce the need for a will (Hirsch 2004), there is some (dated) anecdotal evidence that suggests that individuals lacking a will do not intentionally rely on the default rules (Fellows, Simon, and Rau 1978;Contemporary Studies Project 1978). Economists have also been moving away from the notion that individuals who do not "opt out" could be assumed to prefer the default (Thaler and Sunstein 2008).…”

Section: A Who Has a Will And Who Does Notmentioning

confidence: 99%

Unequal Bequests

Francesconi¹,

Pollak²,

Tabasso³

2015

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Law, and several conferences and workshops for comments and suggestions. The views expressed herein are those of the authors and do not necessarily reflect the views of the National Bureau of Economic Research. NBER working papers are circulated for discussion and comment purposes. They have not been peerreviewed or been subject to the review by the NBER Board of Directors that accompanies official NBER publications.

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Section: A Who Has a Will And Who Does Notmentioning

confidence: 99%

Unequal Bequests

Francesconi¹,

Pollak²,

Tabasso³

2015

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“…These laws marginalize alternative family structures through the definition of heirs, the prioritization of heirs, and the imposition of administrative hurdles. As a result, the laws of intestacy—whose primary objective is to distribute a decedent's assets according to his or her probable intent (Sitkoff, 2014; but see Hirsch, 2004)—may not carry out the desires of decedents with family structures that differ from the traditional marital family form (Fellows et al, 1998; Johnson & Robbennolt, 1998; Wright & Sterner, 2017). Moreover, through their expressive function (Spitko, 1999), these laws communicate to the public that these family structures are unworthy of legal recognition.…”

Section: Marginalized Legal Categories and Intestacymentioning

confidence: 99%

Marginalized legal categories: Social inequality, family structure, and the laws of intestacy

Bea

Poppe

2021

Law Soc Rev

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Social classifications are increasingly interrelated, far‐reaching, and consequential for socioeconomic outcomes. We use the concept of marginalized legal categories to describe how the law disadvantages individuals or groups by transforming inherently ordered social classifications into consequential legal categories, employing intestacy laws as an illustration. Using the Survey of Consumer Finances, we find that more than 21% of American families have forms that are marginalized by intestacy classifications, and that such forms are more common among individuals of color and those with less wealth. Yet, many individuals with these family structures hold assets and lack access to intestacy‐avoidance mechanisms, giving consequence to the application of these laws. We conclude by discussing implications of legal classification for inequality.

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“…After the death of a subject owner of property and non-property assets, social and ethical reasons prevent the conclusion of all the relationships gradually established during his life with several persons, first of all with his relatives (Hirsch, 2004). There is hereditary succession when the deceased, having rights and obligations concerning assets, is succeeded by one or more persons, called "heirs.…”

Section: Notes On Inheritance Division Lawsmentioning

confidence: 99%

A model for the elaboration of fair divisional projects in inheritance disputes

Tajani

Morano²

2018

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Purpose The purpose of this paper is to develop a method to support the definition of efficient and fair divisional projects in particularly complex cases concerning inheritance disputes. Design/methodology/approach First, the approach involves an appraisal of the market value of the assets, along with an analysis of the respective conditions of concrete divisibility; then, two mathematical models have been developed for the assignment of the assets to the subjects involved in the divisional projects. The logic underlying of both models has been translated into mathematical algorithms that allow for the minimization of the monetary compensations resulting from the differences between the legal right shares and the actual portions to be attributed to them. Findings Both models have been developed through mathematical formulas that can be easily implemented by using an appropriate calculation software. They can be used in particularly complex inheritance divisions, in which the deceased’s assets are numerous and there are several heirs with similar or different legal right shares. Originality/value The methodology is useful in the disputes that could arise in hereditary successions. The fundamental value is that the models could support the definition of the best solution in particularly complex situations, characterized by a large number of assets to be assigned and/or the existence of “preferential” constraints for the assignment of the assets.

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Default Rules in Inheritance Law: A Problem in Search of its Context

Cited by 10 publications

References 12 publications

Unequal Bequests

Unequal Bequests

Marginalized legal categories: Social inequality, family structure, and the laws of intestacy

A model for the elaboration of fair divisional projects in inheritance disputes

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