Can a child be disinherited in Catalonia?
Real Estate
Is that possible?
The answer is yes, it is indeed possible to disinherit a child, or what would be the same, to take away the legitimate one that corresponds by law to a descendant, but first a series of basic requirements established in the fourth book of the Civil Code of Catalonia should be given.
What are the requirements?
1- That the person to be disinherited has been convicted in a final sentence for serious crimes such as attempted murder, injuries, etc., against the person making the will and also his wife or partner.
2- That the person to be disinherited has denied food to the testator, his wife, his partner, his parents or his children.
3- That the person to be disinherited has seriously mistreated the testator or his wife, partner, parents or children.
4- That the person to be disinherited has been deprived of parental authority over his child.
5- That there has been no family relationship between the person making the will and the legitimate one. In this case the fault of the lack of relationship should be of the legitimate one.
EXAMPLE
A parent may disinherit his or her child if it is justified that the child has mistreated them causing injuries and that as a result of such criminal behaviour a sentence has been passed condemning the child. In this case, it is entirely permissible to disinherit a child who has mistreated the parents.
Contact us, and our law firm, Forcam Lawyers, will study your specific case.
At Forcam Abogados we have offices in Barcelona, Madrid and Reus.
The answer is yes, it is indeed possible to disinherit a child, or what would be the same, to take away the legitimate one that corresponds by law to a descendant, but first a series of basic requirements established in the fourth book of the Civil Code of Catalonia should be given.
What are the requirements?
1- That the person to be disinherited has been convicted in a final sentence for serious crimes such as attempted murder, injuries, etc., against the person making the will and also his wife or partner.
2- That the person to be disinherited has denied food to the testator, his wife, his partner, his parents or his children.
3- That the person to be disinherited has seriously mistreated the testator or his wife, partner, parents or children.
4- That the person to be disinherited has been deprived of parental authority over his child.
5- That there has been no family relationship between the person making the will and the legitimate one. In this case the fault of the lack of relationship should be of the legitimate one.
EXAMPLE
A parent may disinherit his or her child if it is justified that the child has mistreated them causing injuries and that as a result of such criminal behaviour a sentence has been passed condemning the child. In this case, it is entirely permissible to disinherit a child who has mistreated the parents.
Contact us, and our law firm, Forcam Lawyers, will study your specific case.
At Forcam Abogados we have offices in Barcelona, Madrid and Reus.