Is Intentionally Disinheriting a Child Biblical?

 

This guest post is courtesy of Alyssa Schiefer, Regent Law 2L:

If a parent and a child become estranged (without hope for reconciliation), or a parent does not want a child to collect from their estate, they can leave a child out of their will. This choice is called intentional disinheritance.

Except for minor children in Louisiana, the United States has no protections for children intentionally disinherited. This proposal notes that the United States varies significantly from the rest of the world and the well-known principles of Family Law and Wills. Internationally, the majority view interprets these principles to require parents to provide for their child at death; however, the United States allows for the testator to dispose of the property freely however she chooses, without commanding their children to be protected.

While this idea of freedom of disposition enables the testator to control her property, should it overcome the meaning of family and the Biblical values that parents should care for their children?

In 1 Timothy 5:8, the Bible commands parents to provide for their household and relatives. By disinheriting a child, a parent is taking away from that Biblical command and is removing support and care from the child. While there are certain situations in which a child may not deserve a share in the will, this disinheritance will still have lasting effects. For example, it ostracizes the child (who may view that disinheritance as being unloved), removes any heirs of the disinherited child, and eliminates the possibility of financial support. These are just some of the lasting effects of intentional disinheritance.

Because intentional disinheritance is forever and strains the family unit, there are different avenues someone can take before resorting to intentional disinheritance. For example, one can follow Proverbs 13:22, which calls for people to leave an inheritance to their children’s children. Or, if the disinheritance is for a real reason, then the inheritance should be given to further the family unit or a Godly purpose (like a charitable donation to a church, school, or adoption center).

It is always best to consult with an attorney before intentionally disinheriting a child to make sure that your intention is not to remove them or their heirs totally and try to find a way to communicate support.