Desheredation

Desheredation is a legal concept, primarily found in civil law jurisdictions, that refers to the act of disinheriting a forced heir. In many legal systems, certain close relatives, such as children and sometimes spouses, are entitled to a mandatory portion of an estate, known as the "legitime" or "forced share." Desheredation is the process by which a testator, the person making a will, seeks to exclude such an heir from receiving their legally mandated inheritance.

The grounds for desheredation are typically very specific and limited by law. Simply not liking an heir or disagreeing with their lifestyle is usually insufficient. Common valid reasons for desheredation may include serious offenses against the testator, abandonment, or neglect. The exact grounds vary significantly by country and its specific civil code. For desheredation to be legally effective, it must be clearly stated in a will and often requires proof of the valid grounds. If a desheredation is successfully challenged and found to be unlawful, the heir will typically receive their forced share as if the desheredation had never occurred. This legal mechanism exists to balance the testator's freedom to dispose of their property with the protection afforded to close family members.