Excluding a child from inheritance is legally possible in certain specific cases.
On many occasions we ask ourselves if we can separate the children from our inheritance, for not having treated the family with respect. This maneuver is called disinheritance and, in order to execute it, you have to reflect it in your will, as long as the causes stipulated by law occur.
What causes are there to disinherit?
The Law states that causes are considered fair to disinherit a child, are the following:
- Due to mistreatment of work or having seriously offended the parent or ascendant by word of mouth.
- Having denied food to the parent or ascendant who disinherited him.
- Be sentenced by a final judgment for having incurred a crime against family rights and duties on the inheritance of the deceased.
- Having forced to make a will under threat, violence or fraud.
- For having falsely accused the cause of a serious crime.
- Having prevented making a will, revoking it, hiding or altering a subsequent one.
Can the disinherited contest the will?
If the disinherited does not agree that he has been removed from the inheritance, he may file a lawsuit before the Courts. The lawsuit must go against the heirs of the deceased, and they must be the ones who prove that the disinherited actually caused damage to the testator.
What happens if the testator forgives the disinherited?
If in the end the relationship is recomposed, it will have to be stated in a public deed. Otherwise, whoever has been excluded from the inheritance may not inherit.
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