Yerushah and Halakhic Wills

December 20th, 2020|Choshen Mishpat, Death and Dying|

QUESTION

Maryland, USA

Does one have to be worried about halakhic rules of yerushah (boys over girls, פי שנים for the בכור, etc.)? and therefore put all their money in a trust to go into effect a minute before death except a small amount to fulfill halakhic yerushah. Or, can this totally be ignored and fill out your will to have equal parts go to daughters and sons, etc?

ANSWER

Yes, you do need to worry about it. The Rishonim are explicit that dina demalkhuta does not apply