The law provides that any natural person may inherit in order to acquire the inheritance bequeathed to them by the deceased.
However, an heir may be declared unworthy to inherit under certain circumstances. Essentially, unworthiness to inherit is a sanction that allows an heir to be excluded from a succession and thus prevented from obtaining their anticipated inheritance.
Considering the serious consequences arising from unworthiness to inherit, this legal sanction can never be taken lightly. Therefore, an heir may only be declared unworthy to inherit in very specific cases, which are provided for by law.
The grounds for unworthiness to inherit are set out in articles 620 and 621 of the Civil Code of Québec.
To this effect, these articles indicate the two (2) categories of grounds for unworthiness to inherit, namely:
- Those that require no judicial debate and are applicable by operation of law;
- Those that require judicial debate in order to determine whether the heir in question should be declared unworthy to inherit;
Unworthiness BY OPERATION OF LAW
Article 620 of the Civil Code of Québec lists the specific cases that allow an heir to be declared unworthy, automatically.
Therefore, an heir will be declared unworthy to inherit by operation of law only when:
- He has been found guilty of attempting to take the life of the deceased;
- He has been deprived of parental authority over his child and is exempt from all support obligations with respect to the succession of that child;
To successfully satisfy these grounds for unworthiness to inherit, it is sufficient to file a copy of the heir’s judgment of conviction or a copy of the judgment establishing the deprivation of parental authority with a court.
In this regard, it is important to specify that the judgment of conviction allowing an heir to be declared unworthy to inherit must concern an offense involving an intention to take the life of the deceased. For example, murder, attempted murder, and complicity in murder are offenses allowing unworthiness to inherit.
Unworthiness Requiring JUDICIAL DEBATE
Article 621 of the Civil Code of Québec provides the situations in which an heir may be declared unworthy to inherit following proof made during judicial proceedings.
Therefore, an heir may be declared unworthy to inherit when:
- He inflicted abuse on the deceased or otherwise engaged in highly reprehensible conduct toward him;
- He concealed, altered, or destroyed the deceased’s will in bad faith;
- He hindered the testator in the drafting, modification, or revocation of his will;
Thus, the successor who wishes to have an heir declared unworthy to inherit pursuant to one of the situations listed above must absolutely file a judicial proceeding for a declaration of unworthiness.
In this regard, it is important to mention that the successor who wishes to institute judicial proceedings has a period of one (1) year following the opening of the succession or knowledge of the ground for unworthiness. Beyond this period, the application for a declaration of unworthiness may be dismissed due to prescription.
Exception to Unworthiness to Inherit
There is an exception to unworthiness to inherit, which is provided for in article 622 of the Civil Code of Québec. This exception makes it possible to prevent an heir from being declared unworthy to inherit, even though he may satisfy the conditions for being declared unworthy.
In fact, an heir is not unworthy to inherit or cannot be declared unworthy if the deceased, knowing the ground for unworthiness, nevertheless benefited him or did not modify his will, when he could have done so.
In other words, an heir cannot be unworthy if the deceased voluntarily and knowingly made the decision to maintain the legacy in favor of the “unworthy” heir. This exception derives from the principle that caution must be exercised before modifying the last wishes of a deceased person.
Conclusion
In conclusion, three (3) conditions must exist for an heir to be declared unworthy to inherit. First, the heir must have committed an act that satisfies one of the grounds for unworthiness provided for by law. Second, the deceased must have been unable to modify the legacy for the benefit of the heir likely to be declared unworthy to inherit. Third, the successor must have instituted his recourse to have the heir declared unworthy to inherit within one year following the death or knowledge of the ground for unworthiness.
