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Unworthiness of Inheritance and Disinheritance

When is a person considered unworthy of inheritance, and what is the difference with disinheritance?

A person who is unworthy of inheritance according to the law and a person who is disinherited by will do not inherit because they are deemed to have predeceased the testator.

Unworthiness of inheritance:

The Law on Inheritance stipulates that the following persons are unworthy of inheriting, whether based on the law or will, and anything they receive under a will:

  • Anyone who intentionally took or attempted to take the life of the testator.
  • Anyone who, through force or threat, coerced the testator or deceived the testator into making or revoking a will or any provision in the will, or prevented the testator from doing so.
  • Anyone who destroyed or concealed the testator's will with the intention of preventing the fulfillment of the testator's last will, as well as anyone who forged the testator's will.
  • Anyone who seriously violated the duty to support the testator, which they were legally obliged to provide, as well as anyone who refused to provide necessary assistance to the testator.

 

Unworthiness does not affect the rights of unworthy person's descendants; they inherit as if the unworthy person predeceased the testator.

The court must consider unworthiness ex officio.

Unworthiness ceases if the testator forgives the unworthy heir.

Causes of disinheritance

According to the Law on Inheritance, a testator can disinherit a compulsory heir:

  • If the compulsory heir has seriously violated any lawful or moral duty towards the testator.
  • If the compulsory heir intentionally committed a serious criminal offense against the testator, their spouse, child, adopted child, or parents.
  • If the compulsory heir has engaged in idleness and dishonest living.

 

What is the difference with disinheritance?

Disinheritance and unworthiness of inheritance are exceptions to inheritance. An unworthy heir and a disinherited heir do not inherit. It is deemed (fictitious) that they predeceased the testator.

In both cases, it is possible for the reasons to no longer apply, and the person may inherit if the testator "forgives" the unworthy heir or disinherited heir.

The differences between them are as follows:

  • The court must consider the reasons for unworthiness of inheritance ex officio (so no reference to it is necessary), whereas the court can only establish disinheritance if it is expressly and clearly stated in the will.
  • If there is a dispute about the existence of reasons for disinheritance (and the validity of the disinheritance clause), the burden of proof lies with the party invoking disinheritance, not the disinherited heir.

 

The reasons for unworthiness of inheritance are narrower according to the law than the grounds on which a testator can disinherit an heir.

  • Disinheritance can be complete or partial, while unworthiness is always complete.

 

Attorney Jurij Kutnjak from Slovenia, Maribor offers comprehensive legal assistance in inheritance and handling all inheritance law issues: from drafting wills and concluding contracts with inheritance law elements (contract for life interest, contract for lifetime support, handing over contract) to representation in probate proceedings and possible litigation related to the estate or inheritance throughout Slovenia.

To schedule a consultation regarding inheritance and representation in the probate process, call attorney Jurij Kutnjak during business hours at the phone number 00 386/2/25-23-780 or send an email to info@odvetnik-kutnjak.si.

Legal Documents:

e-forms
authorization for representation
will, revocation of will, inheritance statement, renunciation of inheritance, proposal for the issuance of a European certificate of inheritance

Legislation:

 

Judicial Practice:

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