Inheritance - legal advice
The Descendants
Who can be an heir?
To inherit, you must have the ability to inherit. It is the ability to become an heir, that is, to acquire rights and obligations by inheritance. Ability to inherit is part of the legal capacity. Natural persons who live at the time of the opening of the inheritance and legal entities that currently exist have the capacity to inherit.
In addition, they may inherit:
- a child at the time of opening the inheritance may be an heir if he is born alive.
- a foundation established by a testator in a will may be an heir if it is entered in the register within two years of the announcement of the will.
Who can NOT be an heir?
An heir cannot be a natural person who is dead at the time of opening the inheritance or a legal person who does not exist at that time. The moment of opening the inheritance is the same as the moment of the testator's death.
In addition, in specific situations, the court may declare the heir unworthy. An unworthy heir is excluded from inheritance.
An heir may be considered unworthy by the court if:
- he has intentionally committed a serious crime against the testator;
- tricked or threatened to persuade the testator to draw up or revoke a will or in the same way prevented him from doing one of these activities;
- intentionally hid or destroyed the testator's will, forged or rewritten his will, or knowingly used a will by another counterfeit or forged person.
An heir cannot be considered unworthy if the testator has forgiven him.
