Review of Reviews: “Freedom of Inheritance,” Utah L. Rev. (forthcoming 2017)Review of Reviews: “Freedom of Inheritance,” Utah L. Rev. (forthcoming 2017)

In his forthcoming article, Professor Mark Glover explores why we in the United States generally allow a benefactor—a donor, settlor or testator—broad freedom of disposition over his property. Rationales traditionally offered are that we each have the natural right to distribute our own property as we determine and, pragmatically, that most of us expect and want the freedom to do so. Prof. Glover suggests providing that freedom of disposition maximizes social welfare and, similarly, so does the ability to refuse gifts and bequests.

In a nutshell, the argument is that most of us derive comfort and satisfaction from enabling those we care about to enjoy better lives because of a gift or inheritance we’re able to provide. Accordingly, freedo...