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Disinheriting a child: what does the forced heirship portion mean?

A disinherited child may still have a monetary claim under the forced heirship rules.

A parent can state in a will that a child is not an heir. That does not remove every right of that child. Under conditions, the disinherited child may claim the forced heirship portion.

A right to money, not to items

The forced heirship portion is a monetary claim. It does not give a right to a specific piece of jewellery, the home or a seat at the table when household goods are divided. As a starting point, it is half the value of the statutory share the child would have had without a will. The actual calculation can be more complex: certain gifts and debts also play a role.

The child must claim the forced heirship portion themselves. A five-year period after death applies. When the claim is payable depends partly on the family situation and any provisions in the will. A notary can assess that position.

Prevent new uncertainty

If you want to disinherit a child, also discuss your intention for your partner and other children. Look at earlier gifts and record relevant documents carefully. After death, relatives should not ignore the will and the information needed for a calculation, even if family members had no contact for years.

The Inheritance Guide helps map out family relationships, documents and practical next steps. Legal assessment and calculation of the forced heirship portion belong with a notary or inheritance law specialist.

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