A new Restatement is not just an academic project. In trusts and estates, it affects how courts, lawyers, and students organize the field and reason through recurring problems.
Recent scholarship has raised a practical question: Whether the Restatement (Third) of Trusts still offers a sufficiently complete framework for modern trust law. The concern is not that the Restatement is useless, but that important developments in contemporary trust practice receive limited treatment—or no sustained treatment at all.
This series uses one recent article as a starting point and explores the question from multiple angles: history, purpose, pedagogy, modern practice, and institutional design.
Where This Series Is Going
How trusts and estates became a unified field
What Restatements are meant to do
Why certain modern trust developments strain the existing framework
What has (and has not) changed in the law of wills
Whether a unified Restatement approach makes sense, and how to argue for it without overreaching
Leave a Comment