When we talk about inheritance, one of the first questions that arises is: “Who has the right to inherit?” The Civil Code regulates not only the moment when inheritance is opened but also the conditions that a person must meet in order to receive it.
Capacity to Inherit
According to Article 957 of the Civil Code, a person may inherit if:
- They exist at the time the inheritance is opened – inheritance is opened at the moment of death, so the heir must be alive at that time;
- If two or more persons die simultaneously and it cannot be proven which one survived the other, they cannot inherit from one another.
Unworthiness to Inherit
Unworthiness is the sanction by which a person is excluded from inheritance, even if they would otherwise have had the right to inherit (whether by law or by will). The Civil Code distinguishes between two types:
- Unworthiness by Operation of Law (Article 958 Civil Code)
This applies automatically, without the need for a court ruling, when:
- The person has been criminally convicted for attempting or successfully killing the deceased;
- The person has been convicted for intentionally killing another potential heir, in order to increase their own share of the inheritance.
If there is no criminal conviction (due to death, amnesty, or limitation period), unworthiness by operation of law may be established by a final civil judgment at the request of any interested party.
- Judicial Unworthiness (Article 959 Civil Code)
Declared by the court at the request of a potential heir, when:
- The person has committed serious acts of violence against the deceased;
- They have concealed, destroyed, or falsified the will;
- They have prevented the deceased, through deceit or violence, from making, changing, or revoking a will.
The time limit for requesting a declaration of unworthiness is one year from the opening of the inheritance (or from the date when the act became known, or when the criminal judgment became final).
Effects of Unworthiness
According to Article 960 of the Civil Code:
- The unworthy person is excluded from both legal and testamentary inheritance;
- Any property they used is deemed to have been possessed in bad faith;
- Acts of preservation and administration carried out by the unworthy person that benefit the heirs remain valid, as do transfers for consideration made to third parties in good faith.
Removal of the Effects of Unworthiness
The deceased may expressly forgive the unworthy person through:
- A will, or
- A notarized authentic deed.
If no express forgiveness exists, the mere inclusion of a legacy for the unworthy person after the wrongful act does not remove unworthiness. Likewise, rehabilitation, amnesty, or pardon do not eliminate its effects.
Right to Inherit (Heirship)
To inherit, a person must either:
- Have the legal status required by law (for example, be the surviving spouse or a blood relative), or
- Be designated as heir through the deceased’s will.
Conclusion
Inheritance law does not merely regulate how assets are divided — it also determines who is worthy to receive them. Unworthiness is a serious legal sanction designed to protect the memory and intent of the deceased.
If you find yourself in a situation where you believe another potential heir should be excluded from the inheritance, it is important to consult a lawyer. There are specific deadlines and legal procedures through which unworthiness can be established or declared by the court.
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