What is disqualification from inheritance?

Automatic disqualification from inheritance

It applies automatically to heirs who have been convicted of a criminal offence as perpetrators or accomplices:

• for having intentionally caused the death of the deceased or attempted to do so (Civil Code, Art. 726 §1)
• for having intentionally inflicted blows or committed acts of violence or assault resulting in the death of the deceased, without intent to kill” (C. civ. art. 726 §2).
   

However, exceptions do exist regarding this automatic disqualification:

• in the absence of a final criminal judgment.
• due to the extinction of the public action (for example, when the perpetrator or accomplice dies before conviction, or when the offence becomes time-barred).
• because the heir has been pardoned or rehabilitated.
• or has been convicted only of a lesser, non-criminal offence (misdemeanor).
   

Disqualification from inheritance pronounced by the court

A conviction for a lesser offence may lead to discretionary disqualification from inheritance, at the civil judge’s discretion. In such cases, an heir may be declared unworthy to inherit:  

• if he or she has been convicted, as perpetrator or accomplice, of a lesser offence (délit) for having intentionally caused or attempted to cause the death of the deceased (Civil Code, Art. 727 §1), or for having committed acts of violence resulting in the death of the deceased without intent to kill (Civil Code, Art. 727 §2).
• if he or she has been convicted, as perpetrator or accomplice, of a criminal or lesser offence for acts of torture or barbarity, intentional violence, rape, or sexual assault against the deceased (Civil Code, Art. 727 §2 bis). The law specifically aims to protect victims of domestic violence.
   
• if he or she has been convicted of giving false testimony against the deceased in criminal proceedings (Civil Code, Art. 727 §3).
• if he or she has been convicted of willfully failing to prevent a crime or offence that resulted in the death of the deceased (Civil Code, Art. 727 §4);
• if he or she has been convicted of making a malicious or false accusation against the deceased (Civil Code, Art. 727 §5).
• when the perpetrator or accomplice of the crime dies before being convicted.
   

How can disqualification from inheritance be judicially recognized?

This action must be brought by an heir and only after the opening of the succession. The heir must file the case before the tribunal judiciaire

• within six months of the death, if the conviction or declaration of guilt predates the death.
• or within six months of that decision, if it is rendered after the death.
   

In the absence of heirs, the action may be brought by the public prosecutor (Civil Code, Art. 727-1).
 

The possibility of pardon by the deceased

The deceased may pardon the person who committed the offence, but only after the criminal or delictual acts, through an express declaration of intent.
Pardon may also be implied where the deceased designates the unworthy heir as universal legatee or legatee by general title (Civil Code, Art. 728).
 

What are the consequences of disqualification on the succession ?

The heir declared unworthy is excluded from succession and receives nothing.

However, his or her children may represent the disqualified heir and inherit in their stead (Civil Code, Art. 729-1).
The disqualified heir must return any assets from the estate in their possession, or the value thereof at the time of partition if they have been sold, as well as any income or profits derived from them since the opening of the succession (Civil Code, Art. 729).