Requirements have been formulated for inheritance. The Civil Code lists a number of situations that prevent someone from inheriting. You can receive an inheritance based on the legal distribution or you have been appointed in a will. Despite the legal or testamentary provisions, you may not be worthy to inherit. This is included in the law to prevent the murderer from being designated as the heir of the deceased. Someone who has a will changed under duress cannot of course be an heir on the basis of the changed will. These situations are explained in more detail in this article.
Prerequisite for inheritance
A first requirement for inheritance is that the heir must be alive at the time of the testator’s death. In the event of predeath, there is the possibility of substitution, but that is not always the case. An unborn child that is born alive can be an heir from that moment on.
Unworthy to inherit
Certain events can make someone unworthy to inherit. This is the case in the cases below.
Unworthy to inherit – irrevocably convicted of murdering the testator (or attempting to do so)
A person who murdered the testator is not entitled to receive an inheritance from the deceased. A man who kills his brother and is irrevocably convicted of this cannot receive part of the deceased’s estate. This applies not only to murder, but also to attempted murder or preparation for it. Even if the heir did not commit the murder, but was involved (and was convicted), he or she is not worthy to inherit.
Unworthy to inherit – irrevocably convicted of serious crime against the testator
Even in the event of a serious crime against the testator, an heir may be unworthy to inherit. This must concern an intentionally committed crime for which the heir has been convicted for a minimum period of four years. In this case, attempts to do so and involvement in the act are equated with the commission of the crime. There must be a minimum prison sentence of four years.
Unworthy to inherit – will fraud
An heir who has forged, destroyed or misappropriated the testator’s will is not worthy to inherit.
Unworthy to inherit – amending the will under duress
An heir who has prevented the testator from amending the will, or who has forced him to amend the will, is not worthy to inherit. Of course it is necessary to demonstrate this.
Unworthy to inherit – slanderously accused
Unworthiness also exists if it has been established by an irrevocable court decision that the heir has defamed the testator of a crime punishable by a penalty of at least four years.
Worthy to inherit through forgiveness
In certain cases it is possible for the testator to forgive the heir, who is unworthy to inherit, for the fact that caused the unworthiness. A requirement is that this has been done in an unambiguous manner.