Shrnutí: Not every child has to inherit from a parent. The Civil Code allows the testator to disinherit a non-minor heir, but only for legal reasons and in the correct form. In practice, neither a general sense of injustice nor family estrangement is sufficient without other circumstances. In order for the disinheritance to be valid and later to stand, it must be clear who is involved, why it is being made and what legal ground is being invoked.
Only a non-nominee heir, i.e. a child of the deceased or his descendant, can be disinherited if the child does not disinherit. A minor non-nominal heir is otherwise entitled to at least one quarter of his/her legal share of the inheritance, a minor to three quarters. Disinheritance is only possible on legal grounds, such as failure to provide the necessary assistance in a time of need, lack of interest in the testator, conviction for a criminal offence indicative of a depraved character, persistent intemperance, or special indebtedness or extravagance. A declaration of disinheritance must take the same form as a will.
Disinheritance is an institution whereby the testator excludes or reduces the right of a non-nominee heir to a share of the estate. It is therefore not the exclusion of an “arbitrary relative” but an interference with the special protection afforded by law to descendants. The children of the deceased and, if they do not inherit themselves, their descendants are the heirs at law.
This is important in practice. The spouse, siblings or parents of the deceased cannot be “disinherited” in the technical sense of the word, because they are not heirs at law. They can only be otherwise disinherited (typically by will) or excluded from the legal succession in a manner permitted by law. However, special protection applies to descendants, and it is this protection that can only be broken by disinheritance if the legal conditions are met.
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In the absence of disinheritance, the non-minor heir would be entitled to the obligatory share. In the case of a minor, it is at least three quarters of his/her legal share of inheritance, in the case of an adult at least one quarter. At the same time, the law states that the non-minor heir is not automatically entitled to a specific part of the estate but, as a rule, to a sum of money corresponding to the value of the obligatory share.
A typical example: a father has two adult children and a wife. If the inheritance were legal, one third would go to each of them. Each child would thus be entitled, as an adult non-nominal heir, to at least one quarter of one third, i.e. one twelfth of the value of the estate. A valid disinheritance may exclude or reduce this entitlement.
Here the law must be strictly followed. The law does not allow you to disinherit a descendant “because the parent wishes it” or because the family has fallen out of harmony. The grounds are exhaustive.
A testator may disinherit a non-minorheir who has failed to provide the necessary help in time of need, has not shown the genuine interest in the testator that he should have shown, has been convicted of a crime committed under circumstances indicative of his degenerate character, or has led a permanently disorderly life. It may also disinherit a non-nominee who is incapable of inheriting, and a special rule applies to an indebted or prodigal descendant.
This ground applies to situations where the descendant could realistically have helped the testator but failed to do so without good reason. It must be a necessary emergency, not an ordinary family disagreement.
Practical example: a mother is left home alone after a major operation and needs basic help with shopping and taking her to the doctor. The son lives two streets away, has the objective possibility to help, but refuses to do so for a long time without a reasonable explanation. This may be just the situation that fleshes out the statutory reason.
Not every cold relationship between parent and child automatically constitutes grounds for eviction. The law requires that the offspring not show the genuine interest in the testator that he or she should. In practice, there is always a question of whether the testator himself bears part of the responsibility for the breakdown of the relationship.
A typical example: the daughter does not see her father for years, does not communicate with him, does not take an interest in his health or in ordinary life situations, although nothing objectively prevents her from doing so. However, if the father himself has previously refused contact with the daughter or has broken off the relationship for a long time, this ground may not be applicable.
Any offence is not sufficient. The law requires a conviction for an offence committed in circumstances indicative of a depraved character. This will typically be particularly serious violent or sexually motivated conduct, or acts against particularly vulnerable persons.
This ground is quite common in practice, but it is also the most controversial. It must be a long-term and serious way of life, not a one-off failure. For example, it could be severe addiction, persistent failure to meet basic obligations, chronic debt coupled with a destructive lifestyle or long-term anti-social behaviour.
A testator may disinherit a non-minor heir who is incapable of inheriting. An incapable heir is one who has committed an act in the nature of a deliberate criminal offence against the testator, his ancestor, descendant or spouse, or a reprehensible act against the testator’s will, such as forging a will. However, if the testator expressly pardons such an act, the ground of incapacity shall be waived.
A common abbreviation needs to be corrected here. It is not a common disinheritance “for the benefit of anyone”. If a descendant is so indebted or so profligate that there is a risk that the obligatory share will not be preserved for his descendants, the testator can disinherit him only by leaving his obligatory share to the children of the non-delegable heir or their descendants. The purpose is to protect the next generation, not to cut off the family line completely.
Find out how to make a will and settle an inheritance in the next article.
This is a common source of confusion in families. If the disinherited descendant of the testator survives, the descendants of the disinherited descendant do not inherit either, unless the testator expresses a different will. If, however, the disinherited descendant does not survive the death of the testator, his descendants succeed, unless they are themselves excluded from the right of succession. The exception is disinheritance due to indebtedness or vanity, where the obligatory share is to go to the children of the disinherited descendant.
A declaration of disinheritance can be made, amended or revoked in the same way as a will is made or revoked. This means that it can take the form of a private deed as well as a public deed, provided that the legal formalities are complied with.
In ordinary practice, this means two main possibilities. Either the testator draws up the instrument in his own hand and signs it, or he does not draw up the instrument in his own hand but signs it in his own hand and expressly declares before two witnesses present at the same time that it contains his last will. Of course, it is also possible to make a notarial deed in the form of a public deed, which is usually the safest in terms of future disputes.
The deed should clearly identify the testator, identify the disinherited descendant and state precisely the legal reason for the disinheritance. It is not enough to simply write “I disinherit my son because he has failed me”. The more specific and clear the description, the less room there will be for litigation later.
It is strongly recommended that the disinheritance deed state a specific legal reason. If the testator does not state the reason, the non-minor heir is in principle entitled to the obligatory share, unless the legal reason for the disinheritance is proved against him. In addition, the Civil Code also provides for the situation in which the non-missing heir is omitted in the will not by mistake, and the omission is then deemed to be a tacit disinheritance.
If a non-minor heir is disinherited invalidly, he/she is entitled to a mandatory share. If he has been deprived of the net value of the obligatory share, he is entitled to a replenishment. This is why disinheritance is often the subject of disputes in probate proceedings or in subsequent civil proceedings.
A typical dispute in practice is that a parent draws up a disinheritance deed with very general wording, for example that “the daughter was not interested”. The daughter then argues that the contact was blocked for years by the testator himself or that she sought it. In such a situation, it is not only the deed itself that is at issue, but also the actual state of the relationship.
Disinheritance of a descendant is possible, but only if the legal conditions are met. It concerns only the non-nominal heirs, i.e. the children of the testator and, if applicable, their descendants. The law specifies the grounds for disinheritance: failure to provide assistance in a time of need, lack of interest in the testator, conviction for a crime of a depraved nature, persistent intemperance, incapacity to inherit and, in a special form, indebtedness or profligacy. A declaration of disinheritance must be in the same form as a will and should be specific, otherwise it risks not standing in any dispute.
Only the heir apparent, i.e. the deceased’s child and, if he/she does not inherit, his/her descendant, can be disinherited.
No. Dissatisfaction or family conflict is not enough. There must be one of the legal grounds for disinheritance.
It’s not enough. It is very important to give a specific legal reason for the expulsion. Otherwise, the descendant is usually still entitled to the obligatory share.
The law also addresses this. A descendant can be disinherited for indebtedness or vanity, but only so that his obligatory share goes to his children or their descendants.
Yes. If the disinheritance is void, the non-minor heir is entitled to the obligatory share and may claim its supplementation.
Do you want to decide who inherits from you? To bequeath a specific part of your estate to a specific person? To be sure that your will is actually respected? We will write a will to suit your requirements. All within 5 days of ordering the service.
Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 15 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 15 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
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