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How to Disinherit a Child?

Notaría Online
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Disinheriting a child is a complex legal topic that arises when a person decides to exclude one of their children from their inheritance. Although it is a delicate and emotionally difficult matter, there are circumstances in which a parent may decide to disinherit a child. In this article, we will explain the legal aspects and important considerations related to the disinheritance of a child.  

What is Disinheritance?

Disinheritance is the legal act of depriving a child of the right to receive a portion of their parents' inheritance. It is important to highlight that disinheritance is not a simple process and must comply with the legal requirements established in each jurisdiction.  

Causes and Legal Requirements to Disinherit a Child:

The legislation varies by country, but generally there are specific causes and requirements that must be met to proceed with the disinheritance of a child. Some of the common causes include:
  • Ingratitude: If a child has acted extremely ungratefully towards their parents, such as through mistreatment or abandonment, it could be a valid cause for disinheritance.
  • Due to lack of relationship with their father or mother: If a child, voluntarily and over time, has ceased to have a relationship with either of their parents, they may be disinherited and deprived of the legitimate portion in their parents' will.
  • Abuse: If a child has physically or emotionally abused their parents, it may justify disinheritance.
  • Denial of food or care, abandonment: If a child has refused to provide food, care, or assistance to their parents when necessary, it could be a valid cause for disinheritance.
  • Attempting against the life of the parents: If a child has attempted or caused serious physical harm to their parents, this may justify disinheritance.
  It is important to note that, in most jurisdictions, the causes for disinheritance must be proven in a verifiable and sufficient manner for the legal process to be carried out.  

Legal Procedure to Disinherit a Child:

The legal procedure to disinherit a child also varies by jurisdiction, but generally involves the following steps:
  • Drafting a valid will: The disinheritance of a child must be specified in a will. It is important that the will complies with all legal requirements established in your jurisdiction.
  • Mention the causes of disinheritance: In the will, it is necessary to clearly specify the causes for which a child is being disinherited. The legislation may require that the specific behaviors or actions justifying the disinheritance be described. Some jurisdictions may allow a more general drafting, such as "due to ingratitude," while others may require more precise details.
  • Consult with a lawyer: It is advisable to seek advice from a lawyer specialized in succession law to ensure that the disinheritance process is carried out correctly and complies with all legal requirements. At Notaría Online, we have a specialized team to process and manage your inheritance.
  • Possible challenges: It is important to consider that disinheritance can be challenged by the disinherited child in certain cases. Depending on the legislation of each country, the child may have the right to challenge the disinheritance if they believe that the legal requirements have not been met or if they can demonstrate that the causes specified in the will are false or not supported by sufficient evidence.
  • Distribution of the inheritance: After carrying out the disinheritance, it is necessary to establish how the inheritance will be distributed among the other heirs. You may need to review your will and make the necessary changes to reflect the new distribution of the inheritance.
 

Effects of Disinheritance in the Succession Process

Disinheritance is a legal act that entails important effects in the succession process and on the rights of those involved. Below, we will explain the main effects of disinheritance:  
  • Deprivation of the Legitimate Portion:
The most significant effect of disinheritance is the deprivation of the disinherited person of their legitimate portion. The legitimate portion is the part of the inheritance that legally corresponds to forced heirs, such as children. By being disinherited, the excluded child loses their legal right to receive a portion of the inheritance that would have corresponded to them.  
  • Irrevocability of Donations:
Donations made by the testator during their lifetime in favor of the disinherited child cannot be revoked, unless the causes that led to the disinheritance are also grounds for revoking the donation. In general, donations made before the disinheritance are considered valid and cannot be affected by the subsequent exclusion.  
  • Rights of Descendants:
The children or descendants of the disinherited person retain their rights as forced heirs with respect to the legitimate portion. In other words, if a child is disinherited, their own children (grandchildren of the testator) will take their place in the succession and retain the hereditary rights that have been denied to the parent. This ensures that the grandchildren are not deprived of their legitimate right due to the disinheritance of the parent.  
  • Reconciliation and Effect of Disinheritance:
It is important to highlight that disinheritance may lose its effect if a reconciliation occurs between the testator and the disinherited child. If the parties involved manage to resolve their differences and reconcile, the disinheritance becomes ineffective and the child regains their right to receive their legitimate portion of the inheritance. In summary, disinheritance has the primary effect of depriving the disinherited child of their legitimate portion, while donations prior to the disinheritance generally cannot be revoked. However, the descendants of the disinherited child maintain their hereditary rights and take their place in the succession. Reconciliation between the testator and the disinherited child can nullify the disinheritance and restore the child's hereditary rights in question.  

Emotional and Family Considerations:

Disinheriting a child is a legally valid decision, but it can also have a significant impact on family relationships and emotional dynamics. Before making the decision to disinherit a child, it is important to reflect on the long-term implications and consider the possibility of seeking family mediation or therapy to resolve conflicts. The disinheritance of a child is a complex legal issue that must be approached with caution and with the advice of a specialized lawyer. The causes for disinheritance and the legal requirements vary by jurisdiction, so it is essential to understand and comply with the applicable laws. Additionally, it is important to consider the emotional and family implications of this decision. Reflecting on all available options and seeking mediation or family therapy can be beneficial to avoid lasting conflicts. At Notaría Online, we have a team specialized in succession law, which handles, advises, and formalizes succession processes and inheritance distribution with the utmost guarantees.
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