Successions

The Supreme Court (TS) has clarified an important issue regarding inheritances and the right to disinherit. In this case, a man decided to remove his three adopted children (children from his second wife) from his will, stating that they were causing him psychological abuse because, after separating from his wife, the children stopped having a relationship with him and hardly paid attention to him, especially when he became ill. Only one was of legal age when the father disinherited them because, after separating from his wife, the children stopped having a relationship and hardly paid attention to him, especially when he got sick. Only one was of legal age when the father When the father passed away, the children claimed their right to inherit

When the father passed away, the children lack of relationship was due to the separation itself, the father's attitude, and the fact that two of them were children at that time. Initially, a court ruled in favor of the testator, understanding that the children had emotionally abandoned him and that this had harmed the father's mental health. However, the children appealed and the Court of Appeals, and finally the Supreme Court, ruled in their favor. The TS determined that the estrangement was not solely the fault of the children (not even the adults at the time it occurred), that losing the relationship is not the same as mistreating, and that one cannot speak of abandonment or psychological abuse without truly serious and continuous behavior on the part of the heirs. The TS makes it clear that disinheritance due to lack of relationship is only possible if the facts are very serious

and the origin of the estrangement is directly and unjustifiably caused by the children; it is not enough to simply stop talking or lose contact, especially if it is a result of the separation or the testator's own actions. In inheritance disputes, our professionals can advise you in defending your claims and rights. and the origin of the distancing is directly and unjustifiably caused by the children; it is not enough to simply stop talking or lose contact, especially if it is the result of separation or the testator's own actions.