It is important to note that the right to disinherit is not absolute and that a child cannot whatsapp australia contact number be disinherited without justified cause. According to the law, there are certain reasons for disinheriting a child, which include cases of domestic violence, physical or psychological abuse, serious crimes against parents or siblings, and lack of relationship with parents for a long period of time. In addition, the disinherited child has the right to challenge the decision before a judge, or not.
According to Spanish law, children have the right to a legitimate share , that is, to a part of the inheritance that corresponds to them by law. This legitimate share is a portion of the inheritance that is calculated based on the number of children the deceased has. The legitimate share is a part of the inheritance that cannot be deprived of the child, unless certain causes are given.
Causes of disinheritance
The reasons for which a child may be disinherited are regulated by law, and are as follows:
Having incurred in any of the causes of unworthiness established in the Civil Code, such as having attempted to take the life of the testator, having falsely accused him of a crime or having physically or psychologically mistreated him.
Having incurred in any of the causes of disinheritance established in the Civil Code, such as having refused to provide food to the testator when he needed it, having physically mistreated him or seriously insulted him verbally, or having committed a crime against the testator or his family.
Criminal Law also comes into play : having been convicted by a final judgment for having attempted against the life of the testator, his spouse, his descendants or ascendants .
Having denied alimony to the testator for at least two consecutive years, or for a longer period if the testator dies before.
It is important to note that disinheritance must be substantiated and proven . That is, if you want to disinherit a child, you must prove that he or she has incurred in one of the causes mentioned above. It is also important to bear in mind that disinheritance is not a measure that can be taken lightly. Disinheriting a child can generate family tensions and can cause the other heirs to challenge the will.