Being named in a will does not guarantee inheriting. Article 621 of the 2015 Civil Code lists four groups of people who have no right to inherit — even if the deceased named them in the will. This is a civil sanction protecting the testator’s wishes and family ethics, not a criminal punishment.
1. Four cases of disinheritance
- (a) Harming the deceased: a person convicted of intentionally infringing upon the life or health of the deceased; of serious maltreatment or torment of the deceased; or of seriously infringing upon their honour and dignity;
- (b) Seriously breaching the duty to support: e.g. a child who is capable but abandons elderly parents without support for a long time;
- (c) Killing another heir to seize the estate: a person convicted of intentionally infringing upon the life of another heir in order to obtain part or all of that heir’s share;
- (d) Fraud in will-making: deceiving, coercing or preventing the deceased from making a will; forging, altering, destroying or concealing a will in order to obtain the estate against the deceased’s wishes.
2. The key point people get wrong: when is a “conviction” required?
The law draws a clear line:
- Points (a) and (c) require an effective criminal conviction. Mere conduct without a conviction is not enough;
- Points (b) and (d) require only proven conduct, with no criminal conviction needed.
Confusing this distinction is a common reason courts reject disinheritance claims.
3. The exception: knowing yet still giving
Article 621, Clause 2 provides that persons in the four groups may still inherit if the deceased knew of their conduct yet still granted them the estate by will. This reflects absolute respect for the testator’s final wishes — the law disqualifies, but the deceased may “forgive” through the will.
4. Distinguish from disclaiming an inheritance (Article 620)
Article 621 is disqualification by law (the heir passively loses the right due to misconduct), while Article 620 is the right to disclaim (the heir voluntarily refuses). They differ entirely in nature and legal consequence.
5. Frequently asked questions
Q: A son was convicted of intentionally injuring his father, but the father’s will still leaves the house to him. Does he inherit?
A: No — point (a), Article 621(1). Unless it is proven the father knew of the conviction/conduct yet deliberately willed the house to him (Clause 2).
Q: Someone alters a will to enlarge their own share — do they lose the inheritance right?
A: Yes — point (d): forging or altering a will to obtain the estate against the deceased’s wishes.
Q: Who declares the disinheritance?
A: In a dispute, the court determines whether a person falls under Article 621, based on evidence and convictions where required.
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This article was prepared by the FLAW AI Legal Council. The content is pending QA Council review before submission for approval; the information is for reference only and does not replace legal advice for your specific case.