JOURNAL ARTICLE

A Reply to Commentators.

  • Published In: Edinburgh Law Review, 2025, v. 29, n. 1. P. 116 1 of 3

  • Database: Academic Search Ultimate 2 of 3

  • Authored By: Braun, Alexandra 3 of 3

Abstract

The article focuses on the legal challenges surrounding testamentary promises—commitments to leave an inheritance—in various jurisdictions, particularly examining the promisee's perspective. It highlights that Scots law offers limited protection to promisees, especially family members providing domestic or care services, often expecting such care to be gratuitous, a stance shared by other jurisdictions like Germany and the US. The discussion addresses the complexity of motivations behind care and farm work, critiques rigid legal distinctions between gratuitous and compensated services, and notes disparities in remedies available to promisees depending on the type of service provided. Contributions from civil law and common law perspectives reveal tensions between protecting testamentary freedom, formal legal requirements, and the practical realities faced by promisees, with some jurisdictions prohibiting contracts to make a will to safeguard heirs' rights. The article concludes that while courts have shown creativity in addressing these issues, promisees' protection varies significantly based on relationship, gender, and service type, indicating that current legal frameworks may not fully address the nuanced realities of testamentary promises.

Additional Information

  • Source:Edinburgh Law Review. 2025/01, Vol. 29, Issue 1, p116
  • Document Type:Article
  • Subject Area:Law
  • Publication Date:2025
  • ISSN:1364-9809
  • DOI:10.3366/elr.2025.0942
  • Accession Number:183293286

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