Friday, December 2, 2022

Parents can exclude children from inheritance due to physical or emotional abuse

Parents can exclude from the inheritance children who incur in physical or emotional abuse against them, confirmed the Supreme Court of Justice, according to a statement from the Judiciary released this Monday.

This is clear from the decision of the First Chamber of the SCJ that rejected the appeal filed against a civil sentence in this regard and that established that “the exclusion of the inheritance due to indignity or disinheritance constitutes a civil sanction that entails the deprivation of the right to the succession of the sanctioned”.

From this it follows that children who “have mistreated, seriously insulted their parents with deeds or words or who have denied them their protection or assistance may be declared unworthy to receive the succession of their deceased”, as is clear from article 727 of the Civil Code.

In addition, the position is in accordance with the Dominican Constitution, which, in its article 57, establishes the protection of the elderly person as an integral part of fundamental rights.

Thus, it is entirely justified that parents, who in principle are free to dispose of their assets in the manner they deem appropriate for their personal interests, pursue the disinheritance of their child when there has been a break in the affective or sentimental bond, with those children who have incurred in repeated practices of psychic, emotional or physical abuse that is incompatible with the parent-child relationship and the elementary duties of respect and consideration that derive from it”, according to the court.

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