A testator may, however, exclude a forced heir from their right to a reserved shared, or reduce that right, by disinheriting them, but only for reasons laid down by law.
A testator may disinherit a forced heir who:
- has not provided the testator with the necessary assistance in an emergency;
- does not show the genuine interest in the testator that they should have;
- has been convicted of a crime committed in circumstances indicating that they are of degenerate character; or
- leads a permanently unsettled life;
- is so indebted or is so profligate in their behaviour that there are concerns that a reserved share will not be preserved for their relatives in the descending order; in this case, however, the testator may disinherit a forced heir only in such a way that this heir’s reserved share is left to the children of that forced heir or, in the absence of such children, to those children’s relatives in the descending order.
Declarations of disinheritance may be made, amended or revoked in the same way as a will is made or revoked. Likewise, the testator may declare that a non-forced heir (such as a spouse, parent, or sibling) in the legal order of succession is not to acquire the estate.
If the testator gives no reason for disinheritance, a forced heir is entitled to a reserved share, unless a legal reason for disinheriting them is established. A forced heir who has been unduly disinherited is entitled to a reserved share.