Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Sunday, January 14, 2018

Disinheritance vs. Forced Heirship

image from https://s3.amazonaws.com/feather-client-files-aviary-prod-us-east-1/2018-01-13/27624fc4-0d70-4413-b37c-ba79a014272f.pngThe American system of inheritance allows individuals to exercise a relatively unfettered freedom to choose their beneficiaries, whether it be their immediate family, charity, or really anyone they see fit. The French system of inheritance does not allow testators a similar free reign, as they operate under a system of forced heirship as a means to protect future heirs. The practice of forced heirship has potential negative consequences for society and can perpetuate economic disparity. Though traditional family values molded the forced heirship inheritance system, a modern world demands greater freedom for testators to leave a legacy beneficial to those outside their immediate family.

See Elaine Lam, Disinheritance vs. Forced Heirship, Probate and Property Magazine, January 2018.


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