Disinheritance in Inheritance Law

Disinheritance, under the provisions of the Civil Code, is a legal act by which a testator deprives one or more statutory heirs of their right to inherit.

For disinheritance to be effective, it must be explicitly stated in the will, and the testator is required to provide justified reasons underlying this decision.

Grounds for Disinheritance

According to Article 1008 of the Civil Code, a testator may disinherit descendants (children), a spouse, and other close relatives if the following grounds are present:

  1. Improper behavior – The heir has engaged in actions that grossly violate family obligations, including acts of violence against the testator.
  2. Lack of support – The heir failed to provide assistance to the testator in situations requiring support, which can constitute grounds for disinheritance.
  3. Other justified reasons – The testator has the right to indicate other circumstances that justify disinheritance.

Procedure for Disinheritance

Disinheritance must be clearly specified in the will, which can be prepared in notarial or handwritten form. It is crucial that the testator explicitly identifies the disinherited individuals and provides the reasons for the decision. This clarity increases the likelihood that the will is deemed valid in the event of potential legal disputes.

Consequences of Disinheritance

A disinherited individual loses their right to inherit under the statutory inheritance order and is also deprived of the right to a reserved share ("zachowek"). The reserved share is a portion of the estate to which statutory heirs are entitled; however, in the case of disinheritance, the individual loses all such entitlements.

Conclusion

Disinheritance is a significant decision that requires careful consideration and precise wording in the will. If planning to disinherit or draft a will, it is recommended to seek legal consultation to ensure compliance with applicable laws and to avoid potential inheritance disputes.