The Therapeutic Function of Testamentary Formality
نویسندگان
چکیده
Using a therapeutic jurisprudential framework of estate planning as its analytical foundation, this Article examines the role of testamentary formality in the estate planning process. This analysis demonstrates that formal will-execution requirements bolster the overall therapeutic potential of estate planning, or, put differently, it suggests that testamentary formality serves a therapeutic function. This therapeutic function stems from the unique relationship between will formalities and the therapeutic potential of the estate planning process. Because legal scholars and law reformers have overlooked this connection and therefore have failed to recognize testamentary formality’s therapeutic qualities, this Article provides a fresh perspective of the role of formality in the will-execution process and sheds new light on the merits of various reforms of the law of wills. Therapeutic jurisprudential analysis, which is founded upon “the insight that the law itself can be seen to function as a kind of therapist or therapeutic agent,” reveals that estate planning has therapeutic and antitherapeutic qualities. These qualities affect the psychological wellbeing of those who prepare estate plans and implement those plans
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