Conflict of Laws and the Disposition of Decedents' Movables

Improved travel and communication, a larger, more fluid population and the resulting increase in the number of persons owning property in more than one state have led to a marked increase in conflict of laws situations and also have dramatized the need for their solution. However, it is also true that the degree to which potential conflicts problems exist is a function of the extent to which the law differs between states, not only differences in substantive law but also differences with respect to choice-of-law rules formulated to deal with conflicts between substantive law. One widely accepted choice-of-law principle has been stated as follows: The succession to and disposition and distribution of personal property wherever situated is governed by the law of domicil of the owner or intestate at the time of his death, without regard to the location of the property or the place of death. That the rule with respect to movables can be stated so definitely indicates compelling reasons supporting it. The purpose of this article is to examine the above-quoted domiciliary rule, the rationale involved in its use, and some alternatives to the rule in the resolution of conflicts problems.