NOTE: DISINHERITANCE OF MINOR CHILDREN: A PROPOSAL TO AMEND THE UNIFORM PROBATE CODE Skip over navigation
LexisNexis® Browse Law Reviews and Treatises
Skip over navigation
Sign in with your lexis.com® ID to access the full text of this article.
-OR-
Order the full text of this article if you do not have a lexis.com® ID.
 
Price: 
US $22.00 (+ tax)
 
 

Copyright (c) 2011 Boston Third World Law Journal
Boston College Third World Law Journal

NOTE: DISINHERITANCE OF MINOR CHILDREN: A PROPOSAL TO AMEND THE UNIFORM PROBATE CODE

Winter, 2011

Boston College Third World Law Journal

31 B.C. Third World L.J. 101

Author

JACQUELINE ASADORIAN *

Excerpt

INTRODUCTION
God Planted in Men a strong desire . . . of propagating their Kind, and continuing themselves in their Posterity, and this gives Children a Title, to share in the Property of their Parents, and a Right to Inherit their Possessions. Men are not Proprietors of what they have merely for themselves, their Children have a Title to part of it . . . .

--John Locke 1


Despite John Locke's view, which is codified in some form in most countries, the United States fails to protect minor children from disinheritance by their parents. 2 While most other modern countries require parents to provide for their children after death, the United States values freedom of testation over the moral obligation to provide for children at death. 3

In the United States, laws of testation are enacted at the state level, and only one state--Louisiana--has enacted laws protecting children from parental disinheritance. 4 The failure of virtually all American states to protect minor children from disinheritance when a parent dies testate (with a will) stands in contrast to intestacy statutes, which dictate how a decedent's property will be distributed when he or she dies in the absence of a valid will, and usually provide for spouses and children. 5

The lack of protection for disinherited minors in the United States is also incongruous with the protections afforded to spouses. 6 Many American jurisdictions provide spouses with an elective share of the decedent's estate if they are written out ...
 
 
If you are interested in obtaining a lexis.com® ID and Password, please contact us at 1-(800)-227-4908 or visit us at http://www.lexisnexis.com/.
Search Documents
 
eg., Environmental Insurance Coverage Under the Comprehensive General Liability Policy
 
 
 
 

Lexis® Web - The only search engine that delivers free web content specifically from legal sites validated by LexisNexis® attorney editors and includes tools for faster research and more relevant results.

 
LexisNexis Store
Research Now - Go to lexis.com
Connect the Dots - Free 1 hour webcast
Share. Network. Discover. - Go to LexisNexis Communities