Can we inherit if we are at fault with the deceased?

You are automatically excluded from the estate if you have been sentenced to a criminal penalty, as an offender or accomplice, for the following acts:

• Murder or attempted murder of the deceased
• Physical or psychological violence resulting in the death of the deceased without intent to give it.

If you are excluded from the estate for indignity, you must return the property and income you have received since the opening of the estate.

You can also be excluded from the estate if you have been sentenced to a correctional sentence, as perpetrator or accomplice, for the following facts:

• Murder or attempted murder of the deceased
• Physical or psychological violence resulting in the death of the deceased without intent to give it
• Torture, acts of barbarism, intentional violence, rape or sexual assault of the deceased

This is also the case if you have been sentenced to a criminal penaltyas perpetrator or accomplice, for torture, acts of barbarity, intentional violence, rape or sexual assault of the deceased.

You can also be excluded from the estate if you have been convicted of the following offenses :

• False testimony against the deceased in criminal proceedings
• Failure to assist the deceased threatened with a crime or offense against his bodily integrity and resulting in his death, when you could do so without risk.
• False denunciation against the deceased when, for the facts denounced, he risked a criminal penalty.

If you are excluded from the estate for indignity, you must return the property and income you have received since the opening of the estate.

In the cases provided for, the exclusion for indignity must be requested, by subpoena, to the judicial tribunal of the deceased's last domicile by another heir. We're talking aboutaction for declaration of indignity.

You need to get a lawyer.

The time limit to make the exclusion request differs depending on whether you were convicted before or after the death of the person you inherit:

In the absence of an heir, the application to the court may be made by the public prosecutor.

If you are excluded from the estate for indignity, the deceased may forgive you and have chosen during his lifetime to allow you to receive your share of the inheritance. They say he relief indignity.

This action can only take place after the events that led to your exclusion, and after the deceased has become aware of it.

The deceased must declare it in his will by maintaining your hereditary rights or by making a universal legacy or universally.