Rethinking the Testamentary Capacity of Minors

This Article proceeds in five main parts. Part II provides the context for examining different rationales for the testamentary incapacity of minors. In particular, it explains the doctrine's place in the law of wills and describes the minor incapacity rules in the related areas of contracts and lifetime gifts. Parts III through V analyze three rationales for the testamentary incapacity of minors.

Part III reexamines the traditional explanation, which views the age requirement as furthering a protective policy. Part IV suggests an alternative rationale, namely that age serves as a proxy for competence, and Part V analyzes a second alternative, which suggests that the testamentary incapacity of minors implements forced parental inheritance. Finally, Part VI suggests reforms of the rules governing the testamentary capacity of minors. Specifically, Part VI proposes that the categorical age restriction should be abolished or, alternatively, that the law should grant minors testamentary capacity when parents authorize their children to execute wills.