University of Cincinnati College of Law University of Cincinnati College of Law Scholarship and Publications Faculty Articles and Other Publications College of Law Faculty Scholarship 2022 How Should Inheritance Law Remediate Inequality? Felix B. Chang Follow this and additional works at: https://scholarship.law.uc.edu/fac_pubs Part of the Estates and Trusts Commons, and the Law and Society Commons DRAFT 4/2/2021 11:03 AM How Should Inheritance Law Remediate Inequality? FELIX B. CHANG* This Essay argues that trusts and estates (“T&E”) should prioritize intergenerational economic mobility—the ability of children to move beyond the economic station of their parents— above all other goals. The field’s traditional emphasis on testamentary freedom fosters the stickiness of inequality. For wealthy settlors, dynasty trusts sequester assets from the nation’s system of taxation and stream of commerce. For low-income decedents, intestacy splinters property rights and inhibits their transfer, especially to nontraditional heirs. Holistically, this Essay argues that T&E should promote mean regression of the wealth distribution curve over time. This can be accomplished by loosening spending in ultrawealthy households and spurring savings and investment in low-income households. T&E scholars are tackling inequality with greater urgency than ever before; yet basic questions remain. The Essay contributes to these conversations by articulating a comprehensive framework for progressive inheritance law that redresses long-term inequality. * Professor and Co-Director, Corporate Law Center, University of Cincinnati College of Law. Affiliated Fellow, Thurman Arnold Project, Yale School of Management. E-mail:
[email protected]. I am grateful to Bridget Crawford and Claire Priest for their insightful comments.