Should American Children Be Protected Against Disinheritance?

Posted: 28 Apr 2005


The United States is nearly alone among modern nations in allowing parents to disinherit their children. In this essay, the author discusses the testamentary mechanisms in British Columbia that protect children by giving the judiciary power to vary the terms of a will of a testator who did not fulfill his legal and moral obligations to his family through his will. The author argues that this system is superior to the indirect child protection mechanisms in American jurisdictions and urges the adoption of a British Columbia system in the United States.

Suggested Citation

Chester, Ronald, Should American Children Be Protected Against Disinheritance?. Real Property, Probate and Trust Law Journal, Vol. 32, No. 405, Fall 1997. Available at SSRN:

Ronald Chester (Contact Author)

New England Law | Boston ( email )

154 Stuart St.
Boston, MA 02116
United States
617-422-7254 (Phone)
617-422-7453 (Fax)

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