Our kids don’t always turn out right. Do they steal, go into debt or treat you badly? In certain cases, you have the option of disinheriting them and preventing your property from ending up at the bottom of a rum bottle. What are these cases and how do I write an eviction notice? The answer awaits you in this article.
Disinheritance is a legal institution that allows the exclusion of a non-nominee heir from the succession proceedings. This means that a person who would otherwise be legally entitled to inherit from the deceased is excluded from inheritance and receives nothing from the deceased’s estate. But you can’t just disinherit your children; you must have a statutory reason for doing so.
Only children and their descendants can be disinherited, as they are non-nominal heirs. A non-passing heir is a person who cannot be left out of the inheritance, as he or she is always entitled to a so-called compulsory share of the estate. This share is set at ¼ of the legal share for heirs of full age and ¾ for minor heirs. The statutory share is determined on the basis of the succession and is therefore the amount that the child would have inherited in the case of a statutory inheritance.
It is inherited on the basis of succession titles, including the contract of succession, will and intestate succession. You can read more about the different titles in our article.
The Civil Code sets out the grounds for disinheritance exhaustively and there are 6 grounds in total:
It is possible to disinherit an offspring if he/she has not provided you with the necessary help in an emergency. This is a situation where you needed support and care from your child, but he/she refused to provide it , even though he/she could have provided it. Typically, this includes help in old age or illness and failure of a child to meet his or her child support obligation to his or her parents.
Example: the parents, both of advanced age, face serious health problems – the father has heart problems and the mother suffers from advanced arthritis which prevents her from moving. Because of these problems, they are unable to do routine household chores or provide their own food and medicine.
They therefore turn to their only son, who lives nearby, for help. They ask him to help them with their shopping and to visit them occasionally to help them with basic household items. However, the son responds that he has no time and refuses to get involved in any way, even though he has a stable job and plenty of free time.
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The fact that the descendant does not show sufficient interest in you can also be a reason for disinheritance. This can manifest itself as neglect of the relationship or a complete lack of communication. In this case, however, the condition must be met that the lack of interest is only on the part of the child and not also on your part.
Example: an adult daughter has stopped seeing her family after moving away from her parents and maintains minimal contact, even though they live in the same town. When a parent celebrates a birthday or Christmas is coming up, the daughter does not call or show up. The parent feels that the daughter is not interested in him and although he tries to contact her, the daughter is not interested.
A child may also be extradited if he or she has been convicted of a crime committed under circumstances indicative of his or her depraved character. This includes, in particular, violent crimes committed in a torturous manner or against protected persons (e.g. children, the elderly or pregnant women). We can also include sexually motivated crimes and other crimes that point to perverted moral values of the offspring.
Example: a son was charged with and subsequently convicted of grievous bodily harm with extreme cruelty. He assaulted his pregnant girlfriend in such a way as to cause her long-term psychological and physical harm. He was convicted of this offence.
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You can further disinherit a child on the grounds that he/she is leading a permanently disordered life. This reason applies to cases where the offspring repeatedly violates social norms, which negatively affects his/her own life and the family. In certain situations, this may include drug addiction, prostitution or non-payment of child support.
Example: parents have an adult daughter who, after a divorce, has decided to enjoy life to the full. She regularly attends parties, gets drunk and eventually stops going to work because she cannot keep up with her normal work schedule. At the same time, she has two young children for whom she is ordered by the court to pay maintenance. Instead of paying maintenance, however, he squanders the money on his own hobbies and entertainment.
You may disinherit a non-nominee who is incapable of inheriting and is therefore excluded from inheritance. Children who have committed a deliberate crime against you, your ancestor, descendant or spouse , or committed a reprehensible act against your will, are ineligible to inherit.
Example. He decides to act illegally out of concern that he will not receive a sufficient inheritance from his parents. The son secretly forges his father’s will so that most of his assets, including the family home and financial savings, will go to him. He deliberately alters the contents of the will to circumvent the father’s original will, which was to distribute the property fairly among all his children.
Tip: Do you want your children to be secured? Learn how to gift property to children.
The final reason for disinheritance is when the child is so indebted or so profligate that there is a fear that the obligatory share will not be preserved for his/her descendants (your grandchildren). In this case, the share of the disinherited child is automatically transferred to his/her descendants.
Example: a daughter has large debts from loans she took out for ill-advised investments and purchases. She is constantly borrowing more money which she can no longer manage to repay, and is threatened with foreclosure. Her parents are worried that if they were to leave her property, everything would end up in the hands of creditors. So they decide to disinherit her and leave the property directly to her children.
An experienced attorney can best help you with the overall disinheritance process. Describe your problem and send us the supporting documents. A family law attorney will study the problem and call you within 24 hours with a suggested course of action.
The law provides that a declaration of disinheritance can be made, amended or revoked in the same way as a will. This means that it can be drawn up in your own hand with a signature or two witnesses or in the form of a public deed at a notary’s office.
Find out how to make a will and settle an inheritance in the next article.
The declaration of disinheritance should contain certain basic information:
Have a lawyer draw up a declaration of disinheritance. This is the only way to make sure that your will is really valid. A solicitor can ensure that all the information is in order and according to your wishes and will store the declaration safely.
Disinheritance allows you to exclude children from the succession proceedings provided there are legitimate grounds as defined by law. These are cases where the offspring has failed to provide you with help in your time of need, has not shown sufficient interest, has been convicted of a serious crime indicative of his or her depraved character, has led a permanently disorderly life, is unfit to inherit, or is indebted or profligate. The declaration of disinheritance must be clear, specific and should be supported by evidence. It is therefore advisable to consult a solicitor to help you prepare the document and ensure that it is formally correct and securely filed.
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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 10 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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