Time for a New Restatement
- Author(s):
- Thomas P. Gallanis
- Posted:
- 01-2026
- Legal Studies #:
- 26-02
- Availability:
- Full text (most recent) on SSRN
ABSTRACT:
In February 2025, the author wrote by email to the American Law Institute’s Director, Judge Diane Wood, encouraging the ALI to consider whether the time had come to undertake a new Restatement of the law of trusts. Director Wood replied swiftly and kindly that “[t]his possibility had not been on my radar” but that the ALI would begin thinking about “the best way to take a closer look at your suggestion.” The ALI now is considering the idea.
This brief article is aimed at building support for a new Restatement. The article also examines whether a new Restatement of the law of trusts might be bundled with a new Restatement of the law governing wills and other donative transfers.
Published by the American Bar Association ©2026. All rights reserved. The author has obtained express written consent from the American Bar Association to publish the article on SSRN.