Can I disinherit my children?

The inheritance and the will

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Theinheritance can be defined as that legal act through which a deceased person transmits his property and rights, as well as his obligations and debts to his heirs.

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As for the will, it is the legal act by which such heirs dispose, after the death of the deceased, of all or part of his assets. In that sense, Article 667 of the Civil Code itself establishes the following: «the act by which a person disposes for after his death of all or part of his property is called will«.

The Civil Code divides the inheritance in three thirds

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Taking into account what is indicated by the Civil Code, the inheritance is divided into three thirds. Said thirds are as follows:

• Strictly legal: This is the third of the inheritance that is destined to the forced heirs. The heirs cannot be deprived of it, except in the event of cause of disinheritance.
• Improvement: This is the part that is used to improve one or more of the forced heirs. It is important to emphasize that it is not necessary that it be distributed neither in equal shares, nor to all the forced heirs.
• Free disposition: This is the part that the testator can distribute as he wishes and to whomever he wishes, whether he is a forced heir or not.

Article 756 CC – Disinherit for cause of unworthiness

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Our Civil Code collects in Article 756 who are incapable to succeed for causes of indignity:

• He who was convicted by final judgment for having made an attempt against life, or to serious penalty for having caused injuries or for having habitually exercised physical or psychological violence in the family environment.

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• The one who was convicted by final judgment for crimes against freedom, moral integrity and sexual freedom and indemnity.

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• The one who has accused the cause of a crime for which the law provides a serious penalty, if convicted of false denunciation.
• The heir of legal age who, knowing of the violent death of the testator, has not reported it within one month to the courts when the latter have not already proceeded ex officio.
• The heir of legal age who, knowing of the violent death of the testator, has not reported it within one month to the courts when the latter have not already proceeded ex officio.
• Whoever, by threat, fraud or violence, forces the testator to make a will or to change it.
• Whoever, by means of threat, fraud or violence, forces the testator to make a will or to change it.
• Whoever by equal means prevents another from making a will, or revoke that which he has made, or supplantare, ocultare or alterare a subsequent one.

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• In the case of the succession of a person with disability, the persons entitled to the inheritance who have not provided due care.

Article 853 CC – More causes of disinheritance

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Similarly, Article 853 of the aforementioned Code, states that «the following shall also be just causes for disinheriting children and descendants, in addition to those indicated in Article 756 with numbers 2, 3, 5 and 6:

• Having denied, without legitimate reason, the maintenance to the parent or ascendant who disinherits him/her.
• Having mistreated him/her by deed or seriously insulted him/her by word.

Inform yourself properly.

Taking into account all of the above, it is very important and fundamental that you inform yourself, through a specialized lawyer, in an appropriate manner of all the options available to you in case you are thinking of disinheriting any of your descendants. Remember that this is a very delicate matter.

From LAWYOU, we help you.

We have lawyers experts in the field, who have many years of experience and can help you with any question in this regard. Therefore, do not hesitate to contact us through our e-mail address info@lawyoulegal.com or, if you prefer, you can also call us at the following telephone number: 602 226 895.