They will be unworthy to succeed and therefore are prevented from inheriting descendants who incur one of the offenses referred to in article 1025 of the civil code.The unworthiness may be presented in the succession tested (there is a will) or in the intestate (there is no will).
The indignities are transmitted to the heirs, it is purged when after 10 years of death of the deceased, the indignity was not promoted or declared or when in life the successor has forgiven the legitimate aggressor or offender, this granting in the will a part of the inheritance . You may also be interested: What is a succession? .
Indignity judicial declaration
For the indignity to produce effects it is necessary that it be declared judicially at the request of any of those interested in the exclusion of the heir or unworthy legatee.
Causes of unworthiness, article 1025
- The one who has committed the crime of homicide in the person of the deceased or has intervened in this crime by work or advice, or let it perish, being able to save it.
- The person who committed a serious attack on the life, honor or property of the person whose estate it is, or his spouse or any of his ascendants or descendants, provided that such attack is proven by an executed sentence.
- The consanguineous within the sixth grade, including that in the state of dementia or destitution of the person whose succession it is, he did not help.
- The one who by force or intent obtained some testamentary disposition of the deceased or prevented him from testing.
- The one who has painfully detained or concealed a will of the deceased, presuming intentionally by the mere fact of detention or concealment.
- The one who abandons without just cause the person whose succession it is, being obliged by law to provide him with food, unless the deceased has forgiven such behavior.
Understood by abandonment: the absolute or temporary lack of persons who require personal care in their upbringing, or who, according to the law, demand the obligation to provide room, livelihood or medical assistance in their favor