Testamentary Freedom and Family Solidarity in the United States of America. An Analysis of the Uniform Probate Code and the State Regulations in Louisiana and California

Abstract

The primary quandary inherent in the formulation of an inheritance policy pertains to  selecting between two conflicting objectives: the preservation of familial cohesion amongst the deceased's dependants, and the adherence to the stipulated wishes of the deceased, as documented in their will. The selection is determined by legal statutes and case law. Frequently, the recognition of the testator's will as a pivotal factor in determining the disposition of their property can result in what might be perceived as an "injustice" towards members of their family, and vice versa. Furthermore, the concept of a family "deserving" protection is subject to variation. The objective of this article is to observe ways of resolving the dilemma of "how much freedom, how much solidarity" in the U.S. model law and in the inheritance law of selected states in the United States. The author has selected the legal systems of Louisiana and California, which are characterized by fundamentally divergent legal traditions. The selection of the Uniform Probate Code (UPC) is predicated on the fact that it has been implemented, to varying degrees, in numerous states. Furthermore, the act represents an endeavour to identify the "golden mean" – that is, to reconcile differing legal traditions, to address social expectations, and to transform the role of the family.