When can you not inherit?

Inheritance disqualification means that the law excludes you from the right to inherit from a deceased person (the testator). If you commit a serious and socially unacceptable act towards the deceased or their will, the law simply denies you the right to inherit. In other words, inheritance disqualification occurs "by law," i.e., automatically—the notary deals with it regardless of whether anyone objects. Let's take a look at the main reasons why this happens.

Author of the article: ARROWS (JUDr. Kateřina Müllerová, office@arws.cz, +420 245 007 740)

• An act of an intentional criminal nature against the deceased or their ancestor, descendant, or spouse: e.g. theft, fraud, murder or grievous bodily harm... However, even if you do not pay court-ordered child support for your children, you will not inherit from your father, as this is an intentional criminal act against a descendant of the deceased (grandchild).

• Improper interference with the testator's will: for example, coercion, intentional seduction, concealment, forgery or destruction of the will.

• Domestic violence and divorce: if the spouse committed domestic violence against the testator and divorce proceedings are ongoing on the date of the testator's death.

• Abuse of parental responsibility: if a parent has been deprived of their parental rights by a court for abuse or serious neglect of a child, they cannot inherit from that child.

We will now examine each of these cases in more detail and provide a specific example from practice. We will also explain what it means for you when inheritance disqualification applies and what legal risks you face. Finally, we will repeat the main recommendations on what to do if you are dealing with complications related to inheritance.

What is inheritance disqualification?

It is a special rule in inheritance law that aims to protect the testator and the principles of fairness in inheritance. If a potential heir commits an intentional criminal offense against the deceased (or their ancestors, descendants, or spouse) or seriously abuses the deceased's last will (e.g., forges a will), they are not entitled to inherit. These reasons are listed in Section 1481 of the Civil Code. For you, this means that even if the order of succession would otherwise allow you to inherit, this legal prohibition excludes you from inheritance. A notary must always investigate and assess such a situation, even ex officio, regardless of whether anyone involved knows or claims this.

The law is clear—if you commit murder or a similar serious crime against a person from whom you wish to inherit, your inheritance claim automatically expires without further ado.

An interesting example from practice is a situation where a son participated in the suicide of his sick father. It was decided that the son was not excluded from inheritance, even though he committed an intentional crime against the deceased for which he was convicted in criminal proceedings – specifically, participation in his suicide. However, the Supreme Court concluded that even though the son committed an intentional criminal offense, his actions were not an act committed "against the deceased" within the meaning of Section 1481 of the Civil Code. The court emphasized that the son acted at the express request of his father and in accordance with his will. Therefore, his act cannot be considered an act against the testator, and the son is not disqualified from inheritance.

Another example of disqualification is the manipulation of a will, i.e., any intentional violation of the testator's last will. For example, if someone bribes or forces an elderly aunt to write a new will, or later forges or destroys the original will, this is considered "contrary to the last will" and is punishable by law. In such a case, the court will also exclude the heir from inheritance, as the law does not allow such machinations. In practice, this means that if, for example, a grandson rewrites or physically destroys his grandfather's valid will to the detriment of other relatives, the probate proceedings will not consider him an heir.

In summary, inheritance disqualification arises by law – the heir "disqualifies" themselves through their unlawful conduct. If you have any doubts about the possibility of inheritance disqualification, it is best to seek advice in good time.

1. Intentional criminal offense against the testator (e.g., murder)

What happens: If you commit an intentional criminal offense against the person from whom you wish to inherit (or against their relatives), the notary, as the court commissioner, will exclude you from the right of inheritance. Typically, this involves fraud, murder, grievous bodily harm, or other intentional crimes. The word "intentional" is important here—if there is no intent, but only negligence, the rule does not usually apply.

Practical example: Imagine a situation where Mr. Dvořák did not pay child support to his children because he believed that this would not jeopardize his inheritance rights from his father and he wanted to have as much property as possible. He would never have thought that this would destroy his own claim to inheritance and that his inheritance would go directly to his children! According to the law, failure to pay court-ordered child support is a criminal offense against the deceased's children. The notary will therefore exclude Mr. Dvořák from the inheritance without further ado. His share does not pass to him, but to other entitled heirs (according to the law or the will).

Legal consequences: If you commit such an act, you will face further consequences: in addition to criminal liability, you will not receive any part of the inheritance. In practice, this often means that your descendants (your children or other heirs) will inherit your share instead of you. Even a significant act of remorse will not help – the law requires that the testator's forgiveness be explicit and relate to past acts. Descendants deprived of their rights due to inheritance disqualification are not entitled to a compulsory share – they simply do not inherit anything by law.

2. Interference with the testator's last will

What happens: Another typical reason for disqualification from inheritance is abuse of a will. This is a situation where someone acts against the deceased's last will and testament – for example, by forcing them to make it, deceiving or otherwise manipulating them, or by falsifying, altering, destroying, or concealing their will after their death. Here, the law refers to a "reprehensible act against the testator's last will." An heir who commits such acts is also excluded from inheritance.

Legal consequences: In such a case, the mechanism of substitute heir applies. If the testator has chosen another successor in their will, that person (the substitute heir) takes their place. If not, the remaining heirs or legal successors inherit in place of the excluded heir according to the rules of "representation."

3. Domestic violence and ongoing divorce

What happens: The new Civil Code has added situations concerning spouses and domestic violence to inheritance law (Section 1482(1) of the Civil Code). If, on the date of the testator's death, divorce proceedings are pending as a result of the spouse committing an act constituting domestic violence against the testator, that spouse is excluded from inheritance as a legal heir. This provision is primarily intended to protect victims of domestic violence so that their death is not exploited by the perpetrator to remain in their estate.

Practical example: Let us imagine a wife, Irena, who has been abused by her husband for a long time. Irena files for divorce, but the court proceedings to prove the violence do not take place before her death. The divorce proceedings are still ongoing on the day of her death. According to the law, Irena's husband cannot inherit from Irena as her husband, even if he would otherwise be the legal heir. This is a preventive measure: the state says that if the abuser could suddenly inherit from the victim, it would rightly raise suspicions that the motive for the violence was financial gain. Therefore, in such cases, the inheritance goes to other entitled persons, such as the deceased's children or other relatives.

Legal consequences: Here, too, the exclusion of the spouse means that the free share of the inheritance is redistributed. First, the children of the deceased (or their descendants) may inherit, otherwise other relatives in the order specified by law. However, for those of you who are experiencing domestic violence, it is important to know that the law takes this into account and you should not be afraid to file for divorce – in the event of the death of your partner, your heirs will receive the inheritance, not the aggressor.

4. Abuse of parental responsibility

What happens: According to Section 1482(2) of the Civil Code, if a parent has been deprived of parental responsibility by a court because they seriously abused or neglected it, they cannot derive any rights from this position in the inheritance of their child. In other words, a parent deprived of parental authority has no right to inherit from that child. This is again socially unacceptable behavior, which the legal system punishes by denying such a parent the property of their offspring.

Practical example: Pavel was taken away from his parents by law after they were found guilty by a court of seriously neglecting him as a small child (e.g., long-term abuse or abandonment). Imagine that this child dies tragically as an adult (without a will). According to the law, Pavel's parents will not inherit from their child's estate—since they were deprived of their parental rights due to serious misconduct, they are also excluded from the right to inherit from their child. Instead, the heirs will inherit according to the rules of intestate succession.

Legal consequences: If you are affected by such a case, it effectively means that you lose your right to inherit from your descendant. This is another example of how the law links responsibility and the right to inherit. For you and other descendants, however, this means that the property of the deceased child will pass to other entitled persons (e.g., the deceased's siblings or their descendants).

How the probate commissioner assesses inheritance disqualification and what to expect

If there are grounds for disqualification from inheritance, the probate judge/notary must assess them as part of their official duties. This means that even if no one objects to you, if there are indications (known attacks, accusations, official records, etc.), the authorities are obliged to investigate the situation.

If disqualification from inheritance occurs, the heirs will be allocated the property differently. First of all, the person's claim expires completely. As we mentioned, a substitute heir (if designated by the testator) will replace the excluded person. If no alternative heir has been designated, the law of succession applies (e.g., the principle of "representation"—children for their parents, etc.).

• Important tip: Always find out who would inherit in your place in such a case. Often, the inheritance is transferred to the next generation (your children or siblings of the deceased). From the perspective of the "future heirs," this means that they will inherit more because their sibling (you) has been excluded.

From a legal point of view, it is good to remember a few things: inheritance disqualification cannot be contractually revoked, agreed upon, or unilaterally changed. However, the testator may forgive or pardon any criminal offense (or other reprehensible act) already committed against them, but this must be explicit and in writing—and the pardon can only apply to past acts, not to things that have not yet happened.

What this means for you: If you feel that any of the above reasons could apply to you (often indirectly, for example as an heir in a will or contract), don't leave anything to chance. Discuss it with other potential heirs (ideally impartially) or consult a lawyer or notary. It is much better to resolve any ambiguities in advance than to have to go through lengthy evidence-gathering or disputes.

Recommendations and further advice

• Check the facts: Find out if there are any records of criminal investigations, divorce proceedings, or deprivation of parental rights. Actively communicate with relatives and authorities.

• Be open with the probate judge/notary: If any of the above situations arise during the probate proceedings, the court must take them into account regardless of your objections. Therefore, cooperate with the authorities—for example, provide evidence that no prohibited act has been committed or that you are the victim of slander.

• Legal consultation: If the situation is complicated (e.g., there was an unclear act in relation to the will or ongoing family issues), do not hesitate to contact a law firm specializing in inheritance law. An expert will help you assess the risks and suggest a course of action—for example, whether it is appropriate to ask the notary for information or prepare a statement.

• Pay attention to deadlines: Probate proceedings have their own rules. If the situation needs to be resolved, it is important not to miss the deadlines for submitting statements or documents.

By following these steps, you will increase your chances of avoiding hidden mistakes and unexpected legal complications. Trust proven practices: the more you know about your rights and obligations, the better decisions you can make.

Inheritance rights can be complex, and inheritance disqualification adds further complications. This article has outlined the main situations in which inheritance rights do not arise (e.g., due to intentional crime, domestic violence, or abuse of a will) and what the consequences are. However, every family situation is unique, and it is sometimes difficult to predict how the courts will rule. We therefore recommend consulting a law firm specializing in inheritance law. A qualified lawyer will help you assess the specific circumstances of your case, avoid risks, and act to clarify the situation as soon as possible. Don't wait until the probate proceedings begin – by contacting an expert, you will not only demonstrate a professional approach, but above all protect your rights and those of your loved ones.

Would you like help or advice? We are here for you – contact us, we will be happy to answer your questions and provide legal support. Remember that qualified consultation can often help prevent costly litigation and family disputes in the future. Your inheritance deserves a smooth solution, and our law firm will be happy to help you achieve it.