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According to halacha - bechor, WILL

 
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amother




OP
 

Post  Thu, Jan 09 2020, 12:59 pm
Should a father remove his eldest son from his will, would the son according to halacha be entitled to receive a portion in any case? does anyone have experience with this?
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amother




Periwinkle
 

Post  Thu, Jan 09 2020, 1:57 pm
Many people get a regular will and give living donations to go around this
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Chayalle




 
 
 
 

Post  Thu, Jan 09 2020, 2:01 pm
My father told me that most Rabbanim today do not recommend doing a purely halachic will (which would mean leaving money only to sons, double to bechor, etc...) there are ways to get around it. My father happens to be the bechor. My grandfather A"H took one portion of money - a certain sum - and divided that by the number of his children +1, and my father got double - he did this to be mekayem pi shnayim. The rest (bulk) of his assets he divided evenly among all his children.

I don't know what a Rav/Bais Din would do if an oldest was removed from a father's will, but there's the concept of Dina D'malchusah Dina.
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amother




Red
 

Post  Thu, Jan 09 2020, 3:40 pm
Do some research on contesting a will.
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amother




Slategray
 

Post  Thu, Jan 09 2020, 3:42 pm
amother [ OP ] wrote:
Should a father remove his eldest son from his will, would the son according to halacha be entitled to receive a portion in any case? does anyone have experience with this?


It has to be done according to Halacha. Otherwise won’t hold up in Beis din to simply remove.
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angelgirl




 
 
 
 

Post  Thu, Jan 09 2020, 4:25 pm
There are frum experts on this who write halachic wills which are fully compliant with law. And no a bechor would not just be removed.
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amother




Azure
 

Post  Thu, Jan 09 2020, 4:41 pm
amother [ OP ] wrote:
Should a father remove his eldest son from his will, would the son according to halacha be entitled to receive a portion in any case? does anyone have experience with this?


Disowning a child often tears apart a family nearly irreparably, and for generations. A father wanting to do such a thing should think long and hard about the legacy he wants to leave behind and what he wants to accomplish after he's gone. An experienced Rav should be contacted.

There are methods to circumvent halachic yerusha (like designating time of transfer to be before death and assigning assets to trustee). Even if such a will is not made, there are various opinions what to do when someone does write a will that allocates estate differently than halacha would (as there is a mitzvah to fulfill a person's final wishes). A competent posek should be contacted.
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