Lack of family relations as a cause for disinheritance of descendants

Abstract

Familiar structures and relationship among their members, especially parent-child, have experimented profound changes, appearing elderly people in state of neglect by their children.

Psycological abuse is contemplated as a form of maltreatment and is therefore considered a ground for disinheritance of progeny and descendants by several rulings. In this way if emotional abandonment or lack of family relationship entails a behaviour that lessens parents psycological integrity, it may be considered as elder abuse. In spite of previous considerations, lack of family relation between the testator and his forced heir is not stated as a cause for disinheritance in civl law, unlike in the case of Catalan civil law.

In this paper we analyze whether the lack of attention and emotional neglect should be alleged as a cause for disinheritance. As a result, testators can sanction their descendants for this conduct beyond proper moral concern.