Can you inherit if you are at fault with the deceased?

Verified 09 April 2024 - Directorate for Legal and Administrative Information (Prime Minister)

If you are heir and that you committed a gross negligence in respect of the deceased, you may be excluded from his estate for indignity. However, the deceased may, subject to conditions, allow you to receive your share of the inheritance.

You are automatically excluded from the estate if you have been sentenced to a criminal penalty, as an offender or accomplice, for the following:

  • Murder or attempted murder of the deceased
  • Physical or psychological violence that led to the death of the deceased without the intention of giving it

if you are excluded from the estate for indignity, you must return the property and income you have received since the opening of the estate.

FYI  

if you are found unworthy, your descendants shall not be excluded from the estate of the deceased.

You can also be excluded from the estate if you have been sentenced to a correctional penaltyas perpetrator or accomplice, for the following:

  • Murder or attempted murder of the deceased
  • Physical or psychological violence that led to the death of the deceased without the intention of giving it
  • Torture, barbaric acts, willful violence, rape or sexual assault on the deceased

This is also the case if you have been sentenced to a criminal penalty, as perpetrator or accomplice, for torture, acts of barbarism, willful violence, rape or sexual assault on the deceased.

You can also be excluded from the estate if you have been convicted on the following grounds:

  • False testimony against the deceased in criminal proceedings
  • Failure to assist a deceased who is threatened with a crime or an offense against his or her bodily integrity and which has resulted in his or her death, when you could do so without risk.
  • False denunciation against the deceased when, for the facts complained of, he risked a criminal penalty.

FYI  

if you are excluded from the estate for indignity, you must return the property and income you have received since the opening of the estate.

In the absence of an heir, the application may be made by the public prosecutor's office.

In the cases provided for, the exclusion for indignity must be applied to the court of the last domicile of the deceased by another heir. We're talking aboutaction for a declaration of indignity.

Who shall I contact

The length of time to apply for an exclusion depends on whether you were convicted before or after the death of the person you inherit.

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Conviction before death

The request for exclusion must be made within 6 months of death.

Conviction after death

The request must be made within 6 months of the conviction.

If you are excluded from the estate for indignity, the deceased can forgive you and allow you to receive your share of the inheritance. It is said that he succession indignity.

This action can only be taken once the facts have been known.

The deceased must declare it in his will by maintaining your hereditary rights or by making yourself a universal legacy or universally.

Who can help me?

Find who can answer your questions in your region

  • Telephone administrative information - Allo Public Service

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