Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Sunday, August 8, 2021

Article: Impossibility Results about Inheritance and Order of Death

Due Wang recently published an article entitled, Impossibility Results about Inheritance and Order of Death, Wills, Trusts, & Estates Law ejournal (2021). Provided below is the abstract to the Article: Estate planning

If several relatives died with no will, the order of their deaths could affect the inheritance result. When the order of death is unknown, there are three approaches to determine the inheritance result: apply an inheritance method that is not affected by the order of death; artificially assign the order of death; regulate that persons with unknown orders do not inherit each other. The last approach is adopted by the current French Civil Code (denoted as the French Approach). We prove that under some basic requirements, the French Approach is the only valid solution to the order of death problem. Therefore, we propose that every country should adopt the French Approach. In the appendix, we study the existence and uniqueness of inheritance methods that are invariant for different orders of death and only violate one requirement, such as gender equality.

https://lawprofessors.typepad.com/trusts_estates_prof/2021/08/article-impossibility-results-about-inheritance-and-order-of-death.html

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