The first step in the disinheritance process is to draft a will in which the will to disinherit the child is clearly expressed. It is important to bear in mind that the law establishes specific causes that justify disinheritance, such as having incurred in one of the causes of unworthiness listed in article 853 of the Civil Code . These causes are very specific and refer to behaviors such as physical or psychological violence, mistreatment of parents, the crime of homicide or attempted murder, among others.
Once the will has been drafted, the assistance of a lawyer specialising in inheritance law whatsapp australia contact number should be sought, who will be responsible for advising the testator and ensuring that the necessary requirements for carrying out the disinheritance have been met.
The next step is to inform the child of the decision to disinherit him by means of a notarized letter, where he is informed of the reasons that justify the disinheritance. It is important to note that the disinherited child has the right to challenge the decision before the courts and try to prove that the reasons do not correspond to reality.
If the will complies with the legal requirements and the disinheritance is duly substantiated, the disinherited child will not be entitled to the legitimate share , which is the part of the inheritance that the law grants to the spouse, descendants and, where applicable, the ascendants of the deceased. In addition, it should be noted that disinheritance does not imply the deprivation of the right to inheritance, since the disinherited child will have the right to claim his or her corresponding share in the event that his or her rights have been violated.
Procedure to disinherit a child
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