A legal system that requires a portion of a deceased person's estate to pass to certain family members (typically children), regardless of the decedent's wishes expressed in a will. The testator cannot completely disinherit these protected heirs.
From 'forced' (compelled) and 'heirship' (status of being an heir). The concept derives from Roman law and civil law traditions that prioritized family obligations over individual testamentary freedom.
Forced heirship is the law saying 'sorry, but you can't completely cut your kids out of your will!' While most U.S. states allow total testamentary freedom, Louisiana and some other jurisdictions still protect children's inheritance rights no matter what parents want.
Forced heirship rules enforced patriarchal succession and property consolidation, often excluding daughters or restricting female inheritance. Civil law systems embedded gendered restrictions into mandatory succession.
Apply forced heirship law gender-neutrally; acknowledge historical gendered application when discussing legal evolution.
Reform movements have challenged forced heirship regimes that subordinated women's testamentary freedom and equal inheritance rights.
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