Can I disinherit my daughter?
Can I disinherit my daughter?
"For over 15 years now, one of my two daughters has had no contact with my wife and me, even though we live in the same town! She's the one who's adopted this attitude for no good reason.
Can I disinherit her?"
The Swiss Civil Code designates the heirs who cannot be completely disinherited. This rule stems from the principle that the deceased is obliged to ensure minimum material living conditions for certain of his or her relatives. So, for example, the children or spouse of the deceased are entitled to a share of his or her inheritance, even if he or she has chosen in his or her will to leave his or her entire estate to an association or to his or her new family. These heirs are known as reservataires.
However, it is easy to understand that there may be situations where it would be unfair or even shocking to require the deceased to pass on part of his estate to his heirs.
This is why the law provides for the possibility of disinheriting one or all of the heirs reservataire in certain cases, in particular where it can reasonably be considered that the family relationship between them has been irretrievably severed.
Firstly, according to the law, this relationship is severed when the heir has committed a serious offence against the deceased or one of his relatives. In any case, serious offences must be considered to be intentional offences against life or physical integrity. Crimes and offences against property committed intentionally, as well as slander, are also recognised as serious offences. Consequently, the commission of a simple offence, such as the theft of a small sum of money, is insufficient under the law.
Serious breach of duties under family law is another ground for disinheritance. The Federal Court has confirmed that the heir's behaviour must contravene a legal provision, in particular violating his duty to provide maintenance or assistance in case of need. Thus, mere behaviour that transgresses morality or deviates from the wishes of the deceased is insufficient. The authors also agree that the behaviour must be seriously unlawful.
In conclusion, even if your daughter no longer wishes to maintain personal relations with you, her refusal alone does not in itself constitute grounds for disinheritance. You therefore do not have the option of disinheriting her in your will if she does not fulfil one of the legal grounds for disinheritance. You may, however, reduce her legal share of the estate by a quarter, leaving her with only her reserve.
