What exactly is disinheritance?

In order to understand the notion of disinheritance, we should firstly explain what inheritance refers to, since the terms are related to each other. Must be mentioned that the applicable rules to inheritance and to disinheritance as well can be found in the Fourth Book of the Romanian Civil Code- About inheritances and liberalities.

Thus, when a natural person dies, the patrimony (formed of rights and debts evaluable in money belonging to that person) will be transmitted to one or more living persons, called heirs (either legal or testamentary), according to the art. 953 of the Romanian Civil Code. The transfer of the heritage can be achieved by both legal inheritance (the applicable rules are established by law), regulated in the Title II and by testamentary inheritance (Title III, Chapter III).

How can you disinherit somebody?

The testament or the last will is an unilateral act, by which a person, called testator, decides the destination of his heritage, in one of the legal forms, for the time he will not be longer alive. If a person does not write a testament or a will, legal succession will apply.

For disinheritance, the person must, mandatory, draw up a will, since disinheritance is a part of the testament and it is the form through the testator removes from the inheritance, in whole or in part, one or more of his legal heirs (art. 1074 of the Romanian Civil Code refers to legal heirs). Therefore, it is important to remember that by a testament, a natural person can express the last will through various provisions, such as how he wants to direct his belongings and to whom, within the limits set by the law. If the will does not exist, the legal succession will be opened in a manner defined by law, which has predetermined rules referring to the category of heirs to whom the inheritance is due and in what order.

Returning to testamentary inheritance, since it is our topic of the day, this can be made through the legal act called will (testament), which can be compiled in several forms, directly provided by law. It contains a series of dispositions related to inheritance, exactly to the estate of the deceased, the direct or indirect designation of the executor, the legatees (a person who receives a portion of the estate), disinheritance or testamentary execution. Through this act, the testator can decide according to his last will with the help of all the available dispositions, as long as these are allowed by law, so there is the possibility to disinherit one or more legal heirs.

Are there more types of disinheritance?

Disinheritance can occur both directly and indirectly. It is direct when the testator decides to remove one or more heirs from the inheritance by will and it is indirect when the testator establishes one or more legatees (art. 1074 of the Romanian Civil Code). By the legacy, the access to the whole inheritance or to a part of it can be given to one or more people, or they can receive a specific part of the inheritance (=the legacy with a private title).

Drăgan Diana-Hannelore

Legal Intern R&R Partners

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