Inheritance and Continuity: Because We Cannot Stop for Death

Name: Inheritance and Continuity: Because We Cannot Stop for Death
Brand: Cambridge University Press
SKU: 9781009870672
Availability: PreOrder
Author: Shelly Kreiczer-Levy
ISBN: 9781009870672

By Shelly Kreiczer-Levy

Coming Soon Cambridge University Press Available February 2027

Specifications

ISBN-13: 9781009870672
Publisher: Cambridge University Press
Publication: February 2027
Format: Paperback
Jurisdiction: U.K. ? Countri(es) for reference only

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Why does inheritance law persist in modern legal systems, and what justifies the transmission of property beyond death? This book develops a holistic theory of inheritance grounded in the concept of continuity. It moves beyond traditional accounts centered on testamentary freedom or family protection and argues that inheritance law responds to a fundamental problem created by mortality: the disruption of ownership at death. The book offers a theory that explains both testamentary freedom regimes and family-protection systems as alternative forms of continuity. It therefore enables a comparative analysis of different systems. It also advances a normative conception of continuity as a collaboration between the deceased giver and surviving recipients and, based on this conception, offers concrete criteria for evaluating legal doctrines across jurisdictions. Bringing mortality to the center of property theory, this work provides a coherent, comparative, and normatively rich account of inheritance law for scholars, students, and legal theorists.

1. Introduction

2. The theoretical debate over post-mortem transfers

3. A theory of property and death

4. Vehicles for continuity

5. An introduction to forms of continuity

6. Testamentary freedom systems

7. Forced heirship systems

8. Family provision systems

9. Trusts

10. Digital assets

11. Rethinking post-mortem transfers

12. Concluding remarks on continuity and property

Price on request

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