Richard Franklin, Kim Kamin, and Angel Russell-Johnson recently published Counseling Clients on Disinheritance: Psychological Consequences and Ethical Considerations, 2026. Provided below is an Abstract:
This article examines the legal, ethical, and psychological complexities of disinheriting a child within the framework of the United States’ strong tradition of testamentary freedom. It argues that, while legally permissible, disinheritance often departs from deeply rooted social expectations and can produce significant unintended consequences for clients, their families, and their advisors. Drawing on psychological literature, the article highlights the emotional and relational harms that may result, including damage to family dynamics, perceived breaches of implicit familial obligations, and lasting effects on both the disinherited child and the parent. It further analyzes the lawyer’s role in counseling clients through these decisions, emphasizing the importance of thorough fact-finding, candid advice under professional responsibility standards, and sensitivity to potential undue influence and capacity concerns. The article also explores practical alternatives to complete disinheritance, the likelihood of post-mortem litigation, and the ethical challenges that may surprise, particularly in joint representations. Ultimately, it contends that careful, holistic counseling, grounded in both legal and nonlegal consideration, is essential to mitigating risk and promoting more thoughtful estate planning outcomes.