Unworthiness to succeed is a ground for exclusion from an inheritance provided for under Article 463 of the Civil Code. It applies to those who have committed acts seriously harmful to the deceased or their close family members. Unlike incapacity to succeed, unworthiness does not prevent a person from being called to the inheritance, but nullifies the acquisition of it through a judicial ruling.

Who May Be Excluded from an Inheritance on Grounds of Unworthiness?

A person may be declared unworthy who has committed serious acts against the physical or moral integrity of the deceased or their relatives, or who has attempted to alter testamentary wishes through forgery, destruction, or concealment of the will.

Who May Assert Unworthiness and Within What Time Limit?

Direct successors, their legitimised heirs, and also creditors may bring an action to have a person declared unworthy within a limitation period of ten years.

What Are the Principal Grounds for Unworthiness to Succeed?

The principal grounds are:

  • Murder or attempted murder of the deceased or a close family member.
  • Violence, threats, or fraud used to compel the deceased to draw up, revoke, or amend a will.
  • Alteration or concealment of a will.
  • Forfeiture of parental responsibility (Art. 463 of the Civil Code and Law No. 137/2005).

What Happens to Assets Already Received by the Unworthy Heir?

If unworthiness is established, the individual loses their inheritance rights and must return the assets acquired and any fruits received. Acts of ordinary administration remain valid, whilst gratuitous dispositive acts may be annulled, save for the protection of third parties acting in good faith.

How May an Unworthy Heir Be Rehabilitated?

An unworthy heir may be rehabilitated by means of an explicit act on the part of the deceased, which removes the effects of the unworthiness.

Does a Judicially Attributed Separation Exclude the Spouse from the Inheritance?

Yes, a spouse against whom a separation has been attributed loses the capacity to succeed in relation to the deceased.

What Is Disinheritance and Who May Be Excluded by This Means?

Disinheritance is an act by which the testator excludes an heir from the succession. It is valid only in respect of heirs who are not forced heirs (legittimari) and of parents who have forfeited parental responsibility.

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