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The disinheritance of children must be preceded by individual attention.

by Danilo Santana - Brazilian Writer

This article was translated by an automatic translation system, and was therefore not reviewed by people.

 

The disinheritance of children is a very delicate legal situation and should be examined with the utmost care in its interpretation.

 

Sometimes is not the disinheritance, but the exclusion of the heir in specific cases that the law requires, regardless of previous expressions of the author of the inheritance, but see:

 

Article 1814. Are excluded from the succession of heirs or legatees:

I - they have been author, co-authors or participants doloso of murder, or attempt thereof, against the person whose succession it is, your spouse, partner, parent or descendant;

II - that there slanderously in court accused the author of the inheritance or incur in crime against their honor, or your spouse or partner;

III - which, by violence or fraudulent means, inhibit or obstruct the author to freely dispose of the inheritance of his property by an act of last will.

 

But in other cases the law allows the disinheritance.

 

However, it is important to note that parents are not completely free to decide on the disinheritance of children and can only do so when those situations occur fáticas shown that the law provides.

 

See what the Civil Code provides:

 

Article 1961. The heirs may be deprived of needed their legitimate, or disinherited, in all cases where they may be excluded from the succession.

 

Article 1962. Besides the causes mentioned in art. 1814, authorizing the disinheritance of descendants of their ancestors:

I - physical harm;

II - serious injury;

III - illicit relations with the stepfather or stepmother;

IV - helplessness of parent alienation on or severe mental illness.

 

 

Thus, it is absolutely clear that parents have the right to disinherit a child who has committed any unlawful listed in those Articles of the Civil Code, and to others who may be perceived by the judge as similar. However, these unlawful should be verifiable.

 

Please note any disinheritance that may be judicially invalidated.

 

If the disinherited heir apply justice in the recognition that the reasons alleged in the will does not correspond to those which the law expressly authorized, the judge may cancel the disinheritance.

 

Thus, it remains clear that only with the actual evidence that the disinherited committed some of those illegal as the law states is that the effects of disinheritance may prevail. "

 

Legal procedures for the disinheritance

 

 

"The disinheritance shall be established by means of a will, preferably a public will, observed all the formalities.

 

See how the Civil Code provides:

 

 

Article 1864. Are essential requirements of the public will:

 

I - be written by notary or his substitute in his book of legal bills, according to the declarations of the testator and can make use of this draft, notes, or notes;

II - recorded the instrument, be read aloud by the notary to the testator and two witnesses, at the same time, or by the testator, if you want, in the presence of these and the official;

III - to be the instrument, then to read, signed by the testator, the witnesses and the notary.

Sole Paragraph. The public will be written manually or mechanically, and be done by placing the declaration of willingness to share the printed book of notes, provided that all pages initialed by the testator, if more than one.

 

Article 1865. If the testator does not know or can not sign, the notary or his substitute legal so declare by signing this case, the testator, and to his request, one of the witnesses instruments.

 

Article 1866. The person entirely deaf, learned to read, will read his will, and if not known, designate who read in their place, these witnesses.

 

Article 1867. The blind will only allow the public, it will be read, aloud, twice, by a notary or his substitute legal, and another one of the witnesses, called by the tester, making it all detailed in the statement will .

 

 

Interested in disherison (the other heirs or others who are benefited by disinheritance) that will produce the evidence in the inventory to show that the disinheritance was coated legal requirements.

 

The Civil Code is incisive:

 

Article 1964. Only with explicit statement of the facts can be ordered in the disinheritance will.

 

Article 1965. The heir instituted, or those who enjoy the disinheritance, it proves the veracity of the claim alleged by the testator.

 

Therefore, the tester should be the instrument of will all the facts which led him to decide by disinheritance and, where possible, leave evidence pre-formed, as information, reports of occurrences, and other documents that can prove the illicit charged the disinherited.


 

These are simple measures that can ensure the effectiveness of the tester expression of their will. "

This article was translated by an automatic translation system, and was therefore not reviewed by people.

Important:
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