2.14.2023

How the Bible Tempers "Freedom of Disposition"

 



This guest post is by Elijah Stacks, Regent Law 3L student:

 

Former NBA star Charles Barkley once stated in a conversation about gambling that he did not want to leave any of his fortune to his family when he died. He said, “I want to be broke when I die  . . . . I don’t want to leave all my money and my family unburdened. I’ve been taking care of them my whole life. I want to be broke with my last breath.” NBA. Charles Barkley Does Not Want His Children to Inherit His Entire Fortune, World Today News (Nov. 29, 2021). It is entirely possible Barkley made these comments in jest. However, under American wills, trusts, and estate law, he would be able to do exactly as he said—totally disinherit his family (within certain limits).

American law emphasizes “freedom of disposition” as its lodestar. The American Law Institute notes, “The organizing principle of the American law of donative transfers is the freedom of disposition. Property owners have the nearly unrestricted right to dispose of their property as they please.” Restatement (Third) of Prop.: Wills and Donative Transfers § 10.1 cmt. a (Am. L. Inst. 2003). In essence, this principal means you can do whatever you like with your property when you die. There are, of course, limitations on this freedom. See, e.g., 80 Am. Jur. 2d. Wills § 1396 (2013) (“A surviving spouse’s right to take an elective share against a will is inviolate or absolute, and a surviving spouse can take the share for any reason, or for no reason, and need not get approval for the action, even if the decision to take against the will rebuffs the testator’s wishes.” (emphasis added) (footnotes omitted)). However, as Christians, what does the Bible say about disinheriting family?

The Old Testament provided several testamentary rules for the Israelites. In fact, the Old Testament mentionsinheritance laws over two hundred times. For instance, fathers were required to give their firstborn son a double share. Deuteronomy 21:15–17 (New American Standard Bible) (“But [a man] shall acknowledge the firstborn . . . by giving him a double portion of all that he has, for he is the beginning of his strength; to him belongs the right of the firstborn.”). However, if a father died without sons, God established alternative inheritance plans:

Then the Lord spoke to Moses, saying,

“The daughters of Zelophehad are right in their statements. You shall surely give them a hereditary possession among their father’s brothers, and you shall transfer the inheritance of their father to them. Further, you shall speak to the sons of Israel, saying, ‘If a man dies and has no son, then you shall transfer his inheritance to his daughter. If he has no daughter, then you shall give his inheritance to his brothers. If he has no brothers, then you shall give his inheritance to his father’s brothers. If his father has no brothers, then you shall give his inheritance to his nearest relative in his own family, and he shall possess it; and it shall be a statutory ordinance to the sons of Israel, just as the Lord commanded Moses.’”

Numbers 27:6–11 (New American Standard Bible). It is clear from just these few passages how God prioritizes providing for family after death.

          While these specific testamentary provisions may not apply to modern-day, American believers, see Numbers 27:11 (New American Standard Bible) (“[I]t shall be a statutory ordinance to the sons of Israel . . . .” (emphasis added)), God’s desire for us to provide for our families postmortem is evident. Indeed, Proverbs counsels, “A good man leaves an inheritance to his children’s children . . . .” Proverbs 13:22 (New American Standard Bible). Ramsey Solutions emphasizes the value of leaving a legacy for your family:

When we weigh what we want now against what we really want later, we realize how temporary satisfaction pales in comparison to a legacy of purpose and generational fulfillment.

          And an inheritance is not limited to money. It also includes godly character qualities like integrity and trustworthiness. Combining a financial inheritance with wisdom and godliness ensures that the next generation will also manage God’s blessings God’s way for God’s glory long after [we have] graduated to heaven.

See 3 Bible Verses That Will Help You Leave a Legacy, Ramsey Solutions. So, as Christians, while we do enjoy the “freedom of disposition,” it should be tempered by the biblical preference for supporting family after death.

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