Desinheritance

Legal reasons of disinheritance are stipulated section (§)469a of the Civil Code as follows:

a)     If the heir behaved immorally and refused to provide the testator with the necessary help in old gage, illness or other severe case.

b)     If the heir does not show the due interest in the testator that could be expected from an offspring.

c)     If the heir was sentenced to a prison sentence of at least one year for a premeditated crime.

d)     If the heir permanently lives an irregular life. 

A relative can be disinherited only in the form of a letter of disinheritance, requiring the form of a testament. The best way to do this is to let a notary draw it up. Such deed must stipulate the exact date and the group of disinherited persons, as well as your autographical signature. You must specify the reason(s) of disinheritance as concrete as possible.

The hereditary portion of the disinherited person shall be inherited by the person's children - in equal portions. If the disinheritance shall apply also to the children of the disinherited offspring, this must be explicitly specified in the letter of disinheritance. Should the family relations change for the better, the testator may change his/her disinheritance decision in hi lifetime. A disinheritance decision can be withdrawn simply by destroying the letter of disinheritance (this is not possible with a notarial protocol or course). A person intending to disinherit someone, should consider this step very carefully and be aware of the effects such steps entails and so the best way to do it, is to consult a notary.