The unworthy person is incapable of succeeding the deceased in his property, resulting in a cause for exclusion from the inheritance, and a sanction for the acts committed against the deceased. Said acts are clearly determined by law, although the unworthy person can be “forgiven” by the one who has died, and in that case the undeserving person may be heir.

Therefore, the unworthy person is incapable of succeeding, and is excluded from the succession, whether or not there is a will. And if someone is unworthy to receive assets from an inheritance, who will receive those assets in their place? Well, it will be the children of the unworthy one who will be entitled to receive said inheritance assets in their place.

Which are the causes of indignity for the unworthy?

 The causes of indignity to succeed the deceased in his inheritance are not just any, but only and exclusively the causes that define article 756 of the Spanish Civil Code:

1) Whoever was convicted by final judgment for any of the following reasons:

a. For having attacked human life, or having caused injuries, or having habitually exercised physical or mental violence in the family environment of the deceased, his spouse, or a person to whom he was united by a similar emotional relationship, or any of his descendants or ascendants.

The attack against life involves any crime against life (parricide, murder, homicide, robbery with homicide) or another crime that causes death (rebellion, attack, etc.) regardless of the degree of participation (author, accomplice or accessory) or that of consummation (consummated, frustrated, attempted).

b. For having committed crimes against moral integrity, sexual freedom and indemnity, or the freedom of the deceased, his spouse, or the person to whom he was united by a similar emotional relationship, or any of his descendants or ascendants.

c. For having committed a crime against family rights and duties regarding the inheritance of the aggrieved person.

What happens in those cases in which the aggressor cannot be convicted by final judgment for having died?

In these cases, only when it is not possible to criminally convict for an attack to human life or for serious injuries, or for the habitual exercise of physical or mental violence in the family environment, or for crimes against freedom, moral integrity and liberty and sexual indemnity, or for a crime against family duties, and even when the cause of indignity is not contradicted, the civil judgment of declaration of indignity will be valid, recognizing these facts.

If the unworthy person cannot be convicted due to criminal aggression, a civil declaration of indignity is enough so that he can be excluded from the inheritance.

What happens in those cases in which the aggressor cannot be convicted for being criminally unimpeachable (for example, a minor child)?

In the case of the criminally unimpeachable who does have the capacity to understand and love, for example a minor of 17 years of age, he cannot be declared unworthy for succession purposes in any case.

2) The one who is deprived by final resolution of parental authority, or removed from the exercise of guardianship or foster care of a minor or person with judicially modified capacity for reasons attributable to him, regarding the inheritance of the same.

3) Whoever accuses the deceased of a crime punishable by a serious penalty, if he is convicted of a false report.

4) The heir of legal age who, knowing that the testator has died by violent death, does not report it to the courts within a month when the Court has not already proceeded ex officio.

5) Whoever, through threat, fraud or violence:

– obliges the testator to make a will or modify it;

– prevents another from making or revoking the will that he has already made;

– impersonates, conceals or alters a later will.

6) The one that succeeds a person with a disability, to whom he has not paid due attention, knowing his needs:

1. For not feeding (in the material and spiritual sense of the legal concept of food) the person with a disability, when he is obliged to do so. For example, the parent who personally and financially neglects his child without justifying cause, suffering a severe health situation, is reason enough to be declared unworthy to succeed a minor.
2. Whoever has the right to inheritance, but not being obliged to provide maintenance to the incapable person, produces the unworthiness of the heir.

If the heir of legal age knows that the testator has died by violent death and does not report it to the courts within 1 month, when the Court has not already proceeded ex officio, it is a cause of indignity and the heir is excluded from the inheritance.

At this point, it is interesting to clarify that the emotional and personal abandonment of the deceased disabled person is also a cause of disinheritance, provided that the disabled person is so to a degree that he or she is capable of making a will.

7) He who, in bad faith, does not present the sealed will that he has in his possession within 10 days of knowing that the testator has died.

8) The one who steals the sealed will in bad faith from the testator’s domicile or from whoever has it saved, and hides it.

9) The parent whose parentage has been judicially determined against his will.

If you need to process your inheritance, or prepare your Will, do not hesitate to contact the Pérez Parras Economists & Lawyers Firm. We count on a professional team of lawyers who are experts in the preparation, management and resolution of your inheritance and associated taxes and all other aspects involved, as well as the preparation of your Will, for residents and non-residents, nationals and foreigners. We are located in Malaga capital and Nerja.