Is it possible to disinherit a child?
Family issues can go as far as to wonder if disinheriting a child is possible. And this is not an uncommon situation, but it is important to access quality information to avoid making a situation more unpleasant than it needs to be.
In general terms, in Spain, forced heirs are the children of the deceased. In face of the absence of an heir, the parents of the deceased are the ones to inherit. Now, what happens if the descendants exist but we wish to disherint them? Is that possible?
Yes, it is possible, but only if they fall into any of the causes describe by the civil code which are:
- If the heir was physically aggressive or violent towards the deceased and has been sentenced for this behavior.
- If the heir falsely reports the testator for a crime with a severe sentence.
- If the heir forces the testator to change the testament (or prevents them from doing so) against their will.
What is the purpose of such specific reasons to disinherit a forceful heir? To prevent testators to interfere with the heir’s rightful estate for irrelevant or unjustified reasons.
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Can a child be disinherited in favor of grandchildren?
Yes. When one of the children is disinherited, the grandchildren take the place of the disinherited heir and keep their rights. They become forceful heirs.
These kinds of decisions are to be thought carefully as they cannot be reversed. That is, once the heir was disinherited, their condition cannot change provided the relationship between the testator and the heir changes.
Moreover, donations that were made while the testator was still alive cannot be revoked unless the reason that leads to disinheritance also leads to a donation revocation.
How to favor a grandson in inheritance?
Unless the heir falls into any of the causes stipulated in the Civil Code, in which case their children will take their place, grandchildren cannot be favored in an inheritance.
Remember that the portion of the estate that is to be distributed among the forceful heirs cannot be changed or given away to others.
In any case, the only ways to favor a grandson are:
- By disheriting their parents following one the reasons previously mentioned.
- By allotting a portion of your estate which is not by any means part of what is to be distributed among the forceful heirs.
Can you disinherit a grandchild?
Just like you may disinherit a child, you can also disinherit a grandchild. But, similar to the first scenario, grandchildren can only be disinherited when they have fallen into any of the reasons stipulated by the law. Moreover, if there is evidence that the grandchild acted together with the grandparent, they can be both disinherited.
Considering how delicate this issue can get, it is important to be assisted by the right experts. If you have been disinherited or want to disinherit one of your heirs, contact us to get professional advice.
It is worth mentioning that in order to disinherit someone it is necessary to carry out a proper and lawful process which only an inheritance lawyer can do. Should the specific process not be carried out, the disinherited heirs will have the right to claim their share of the inheritance.
For this reason, it is important to contact a trustworthy professional who will not only guide you but provide you with the necessary information to protect yourself, your estate and your heirs.
