How do I disinherit my brother?
How do I disinherit my brother?
Legal adviceFamilyWills and inheritance
"I have no children and I have a very bad relationship with my father, who is now my only family. I don't want him to inherit my property if I die. Can I disinherit him?
Nicole, Geneva
Under Article 458 of the Civil Code (CC), if the deceased left no descendants or spouse, the father and mother will inherit. They will be entitled to a share of the inheritance by virtue of the principle of the reserve, which cannot be diminished even by a will.
In such a case, the only way to exclude a father from the inheritance is to disinherit him. Disenfranchisement is a declaration of intent recorded in a will by which the deceased deprives a rightful heir of all or part of his rights on the basis of a ground provided for by law. Article 477 CC provides for ordinary or punitive disinheritance. The former may apply in the event of the commission or mere attempt of a serious criminal offence committed intentionally against the deceased or one of his relatives (for example, an attack on physical integrity, honour or property); the latter applies in the event of a serious breach of family duties (mutual duties of spouses, duties arising between parent and child). It should be noted that the reason for the disinheritance must be stated precisely in the will so as not to leave any doubt as to the facts complained of.
An heir subject to the right of succession who has lost his right of inheritance loses all rights. That said, if your father has children, they will still be able to receive his share. The distribution will then be as if your father had himself predeceased. However, the deceased may contest the disinheritance as such, alleging that there is no cause, that it is insufficient or that it is not mentioned in the deed. He will have to act by way of an action in reduction. It will then be up to the other heirs to prove that this ground for disinheritance is valid. If the disinheritance is revoked, the share of the disinherited heir will still be limited to his legal reserve.
