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Let's Get Serious: Spousal Abuse Should Be A Complete Bar To Inheritance, Carla Spivack

Carla Spivack

I argue that a finding that a spouse or intimate partner committed domestic violence should bar that person’s inheritance from the victim under a will, a will substitute (such as a trust) and under intestacy – in other words, in any form. Unlike the few similar proposals in the literature, I advocate a complete bar, and I situate the proposal in the context of inheritance law in general and fault-based inheritance regimes in particular. Further, unlike previous proposals, I justify the bar as an important use of the law’s expressive function and as a systemic approach to domestic violence. I …