Can I disinherit a person?

Disinheritance consists of excluding a forced heir from the inheritance , due to having incurred in some cause, which is established by law. If these conditions are not met, no one can be disinherited and the legitimate inheritance must be left to them. The legitimate assets are the assets that the testator cannot dispose of because the law has reserved them for forced heirs : descendants, ascendants and the spouse.

It can be disinherited in the following successions :

– Force the testator, through threat or violence, to make a will or make changes.

– Denied alimony to the father or ascendant who disinherits him.

– Having mistreated or insulted the father who disinherits him.

Ancestors can be disinherited by:

– Abandonment or corruption of children.

– Loss of parental authority due to sentence.

– Denial of food to children.

– Attempt by one of the parents against the life of the other.

It is very important that for there to be disinheritance, it is necessary that a valid will be made , clearly expressing the cause of disinheritance; For this reason, it is advisable to visit your lawyer to draft the will in accordance with the law, and to be completely valid.

Whoever has been disinherited is deprived of all participation in the inheritance; However, donations made during life cannot be revoked, unless the fact that gave rise to the disinheritance is also cause for revocation.

If, subsequently, the testator and the disinherited person reconcile , the disinheritance will be void , the legitimate interest of the disinherited person will be transmitted to his children and descendants, who will retain in their favor the rights that belonged to the disinherited person.

It must be taken into account that if the disinheritance is carried out and its cause is not expressed and is not proven or is different from those established legally, it can be annulled by the courts and if the person who has been disinherited denies the cause of disinheritance, The rest of the heirs will be able to prove that it is true before the Judge.

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