Exclusion of the minor from the inheritance due to unworthiness

Abstract

This work analyzes exclusion from inheritance due to incapacity in the field of inheritance law. An in-depth analysis was made of current legislation and works by specialists in Brazilian civil law, as well as criminal law. The focus of the research is the possibility of exclusion from succession of heirs or legatees who fall into the category of relatively invalid. Even though the topic is little discussed in the doctrinal field, it has significant relevance, since it is intrinsically linked to Brazilian property legislation and its legal, social and academic benefits. Theoretical and legal research served as the basis for the discussion of exclusion from inheritance due to the relative incapacity of the heir. The concept of dishonor is explored as a solution offered in many legal systems for cases in which heirs have committed serious acts against the deceased, such as intentional homicide, attempted homicide, concealment of a corpse, forgery of a will, among others. The exclusion of minors for contempt aims to ensure that people who do not adhere to good moral and ethical principles do not benefit from the inheritance.