The Kids Aren't Alright: An Examination of Some Of the Flaws in American Law Regarding Child Disinheritance, The Reasons That Children Should Be Protected, And A Recommendation For The United States To Learn From The Australian Model That Protects Children Against Disinheritance

Authors

• Adam Dayan, Benjamin N. Cardozo School of Law

Abstract

The note argues that American law should adopt a more balanced approach to testamentary freedom by incorporating protections for children against disinheritance, drawing inspiration from the Australian model. While the Uniform Probate Code (UPC) currently allows testators complete freedom to disinherit children, the elective share and the unspoken rule—where courts use the undue influence doctrine to override disinheritance—suggest that testamentary freedom is not absolute. The note advocates for reform, emphasizing the moral obligation of parents to provide for their children, particularly in light of societal changes such as rising divorce rates and an aging population.

Disciplines

Comparative and Foreign Law | Estates and Trusts | Law

Recommended Citation

Adam Dayan, The Kids Aren't Alright: An Examination of Some Of the Flaws in American Law Regarding Child Disinheritance, The Reasons That Children Should Be Protected, And A Recommendation For The United States To Learn From The Australian Model That Protects Children Against Disinheritance, 17 Cardozo J. Int'l & Comp. L. 375 (2009).
Available at: https://larc.cardozo.yu.edu/cjicl/vol17/iss2/7