The closest heirs can only be excluded from an inheritance if they have committed certain crimes and the deceased expressed this wish in a will, according to DECO PROteste.
“Potential heirs can be excluded from the inheritance due to disinheritance or unworthiness, depending on their degree of kinship to the author of the inheritance and the acts they committed. In both cases, certain requirements must be met,” explains the consumer protection organization.
Who can actually be disinherited?
It is important to note that, “even if one is very angry with their spouse or children, the author of the inheritance cannot simply disinherit them.”
“At most, one can resort to the freely disposable portion to benefit other heirs, thus reducing their share. Disinheritance, aimed at legitimate heirs (spouse, descendants, and ascendants), must be done through a will indicating a valid reason,” states the consumer protection organization’s website.
Furthermore, “it can be contested by the heirs (legally known as a challenge) in court up to two years after the will’s opening (Article 2167 of the Civil Code). Also, the author of the inheritance can reverse the decision by making a new will.”
DECO PROteste explains that the “law is very restrictive regarding the reasons that allow disinheritance (Article 2166 of the Civil Code)” and outlines the following:
- the refusal, without just cause, to provide support to the author of the inheritance or their spouse;
- conviction due to slanderous denunciation, false testimony, or intentional crime against the person, property, or honor of the testator, their spouse, descendants (children, grandchildren), ascendants (parents, grandparents), adopters, or adopted children, provided the crime carries a sentence of more than six months in prison.
Consider having a reason to disinherit your spouse, descendants, or ascendants? DECO PROteste recommends following these steps.
- Make a will that explicitly states the reason for disinheritance. It is crucial that the causes are clear and legally valid.
- Submit the document for validation by a notary to ensure its formal validity.
- If in doubt, or if necessary, consult a lawyer to ensure all legal requirements are fulfilled (including the validity of the reason) and that your wishes are respected.
And who is unworthy of inheritance?
DECO PROteste clarifies that “unworthiness does not depend on a will and applies to any heir, legitimate or not, when certain acts have occurred (Article 2034 of the Civil Code)”:
- conviction, as perpetrator or accomplice, for homicide or attempted homicide against the author of the succession, spouse, descendant (child, grandchild), ascendant (parent, grandparent), adopter, or adopted;
- conviction for slanderous denunciation or false testimony against the same individuals, relating to a crime punishable with a sentence of more than two years in prison;
- acts against the freedom to make a will, for instance, forcing the author to execute, alter the document’s contents, or revoke it, or even preventing them from modifying it;
- committing acts against the will, such as destruction, concealment, or forgery, before or after the death of the author of the succession.
When an heir is considered unworthy, what happens to their part of the inheritance?
The organization explains that, “in legal succession, the unworthy’s incapacity does not impair the right of representation of their descendants (Article 2037), so they will receive the share that would have belonged to the unworthy.”
Can a parent disinherit a child?
The consumer protection organization explains that yes, a parent can disinherit a child “provided the reason is legally accepted and the decision is formalized in a will.”
