What is Disinheritance and What are its Conditions?
Disinheritance is a testamentary disposition. Through this disposition, the testator removes a forced heir from their inheritance rights and forced share.
Disinheritance has the quality of strengthening family ties and serving their protection.
It is necessary to distinguish disinheritance from unworthiness to inherit. In both disinheritance and unworthiness, the heir loses their forced share and is deprived of it. However, there are differences between them. The main difference is that unworthiness takes effect automatically, whereas for disinheritance to exist, a testamentary disposition by the testator regarding it is required. Furthermore, there are differences between the grounds for unworthiness to inherit and the grounds for disinheritance.
The conditions for disinheritance are listed in 4 points;
1-In order for the testator to disinherit a forced heir, the heir must have committed a culpable act. If the heir lacks the capacity to discern, no ground for disinheritance can arise as there is no culpability on their part. Conversely, individuals under guardianship who possess the capacity to discern can be culpable and may be disinherited.
2-The act of the disinherited heir that necessitates disinheritance must be unlawful. In the presence of lawful acts and behaviors, no ground for disinheritance arises.
3-The act constituting the ground for disinheritance must be a serious offense. Here, severity is not determined according to objective principles or provisions in the penal code. However, the impact of the committed act on the testator is taken into account, keeping family relations in view.
4-It is required that the disinheritance be made in the form of a testamentary disposition.