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HomeLatest NewsReasons why a child can be completely disinherited

Reasons why a child can be completely disinherited

Date: October 2, 2022 Time: 19:59:16

Sons and daughters and direct descendants they are the legal heirs. That is, whether they want it or not, part of the inheritance is available to them, since it is considered their right. According to the Civil Code, which is a set of rules governing these assumptions, legal is two-thirds of the property of the inheritance (With exceptions and specific cases). There may be discrepancies between communities: for example, in Catalonia, an inheritance of 25% of the total is considered legal, which must be divided equally between the number of children.

In addition to these differences, a common feature throughout the territory is the possibility of denial of legal inheritance this type of heir, even if it seems impossible. However, it will not be so easy to deprive a child of an inheritance, since it will be necessary to comply with the assumptions contained in the Civil Code.

Abuse or abuse

Articles 756 and 853 explain why a will can be invoked.p (who writes the will). If they wanted to disinherit children or direct descendants, they had to encroach on the life of the parent, treat him cruelly or deprive him of food, seriously abuse him verbally or force him to change his will.

In addition, in Catalonia, the absence of a relationship between a parent and a direct descendant for a long time can also be a reason for refusing legitimate inheritance, as indicated in article 451-17 of the Civil Code of Catalonia.

To remove sons and daughters from a will, the procedure is not as simple as claiming one of these reasons. First, the intent to disinherit must be reflected in the will and the reason must be based on one of the reasons explained above. But this reason must be true: if the disinherited denies the truth of the same and proves himself right, the disinheritance will have no effect.



Source: www.lainformacion.com

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