This Article explores the panoply of state-of-mind rules in inheritance law. In areas of law concerned with wrongdoing, consideration of mental states achieves specific deterrence and moral justice. By comparison, in the inheritance realm, I argue that consideration of mental states can serve to economize on decision costs. The Article looks at state-of-mind rules through this prism and also analyzes the public policy of these rules from the perspective of modern research into psychology. Finally, the Article examines state-of-mind rules comparatively, identifying inconsistencies between them that require justification. The Article closes by observing potential expansions of the model and applications in other areas of law.
Recommended CitationAdam J. Hirsch, Testation and the Mind, 74 Wash. & Lee L. Rev. 285 (2017).
Available at: https://scholarlycommons.law.wlu.edu/wlulr/vol74/iss1/6