Wednesday, March 28, 2012
Mark Glover (LSU), A Therapeutic Jurisprudential Framework of Estate Planning, 35 Seattle Univ. L. Rev. 427 (2012):
The psychological consequences of the law of succession largely have been overlooked, which is confounding given the emotionally charged context of estate planning. Filling this analytical void, this article examines the estate planning process from a therapeutic jurisprudential perspective and makes two primary contributions to the study of the law of succession. First, the article identifies the positive and negative psychological consequences of the estate planning process and argues that the process has an overall therapeutic nature. Second, the article develops these therapeutic and antitherapeutic qualities into a framework through which to analyze reforms of the estate planning process, so that the law’s therapeutic potential is maximized. By demonstrating the field’s analytic worth, this article encourages the continued use of the therapeutic jurisprudential framework to analyze a broad range of reforms of the estate planning process and seeks to inspire further therapeutic jurisprudential analysis throughout the law of succession.