Disinheritance and Deprivation of Inheritance
Every individual is entitled to manage, transfer, or dispose of their property in any manner they choose during their lifetime. However, the law imposes certain limitations on inheritance and the determination of the status of assets upon death. As a result, questions often arise about whether the deprivation of inheritance is legally possible and how children or heirs may be excluded from it.
This article examines these issues in light of Islamic jurisprudence and Iranian civil law.
Legal Grounds for Deprivation of Inheritance in Islamic Jurisprudence and Civil Law
Types of Wills
Dispositive Will
In a dispositive will, a person transfers ownership of the whole or part of their property, or the benefit derived from it, free of charge to another person to take effect after death. Through this method, an individual may determine the fate of their assets, such as allocating them for charitable purposes. This type of will becomes effective upon acceptance by the beneficiary and is contingent upon the death of the testator.
Directive Will
Under a directive will, a person appoints one or more individuals to perform specific acts or manage certain affairs after their death. For example, a person may appoint an executor to settle outstanding debts.
Is Deprivation of Inheritance Possible?
Pursuant to Article 837 of the Iranian Civil Code, if a person attempts to deprive one or more heirs of inheritance through a will, such provision shall be invalid. A deceased person may only dispose of up to one-third of their estate by will. Any disposition exceeding this limit shall be effective only with the consent of the heirs.
Accordingly, no individual may completely deprive their legal heirs of inheritance. However, if the deprived heir expressly accepts the deprivation and submits to the will of the testator, the will shall become effective. Certain cases of non-entitlement to inheritance or of its deprivation are nevertheless recognized under Islamic law and statutory provisions, as discussed below.
Persons Who Are Deprived of Inheritance by Operation of Law
In certain circumstances, deprivation of inheritance arises directly by law. Heirs shall be excluded from inheritance in the following cases:
- When an heir intentionally kills the deceased, pursuant to Article 880 of the Civil Code.
- When an heir is a non-Muslim, and the deceased is a Muslim, a Muslim may inherit from a non-Muslim but not vice versa.
- In cases of mutual imprecation by a husband against his wife for the denial of paternity.
- An illegitimate child does not inherit from their parents and vice versa.
Claiming Inheritance During the Lifetime of Parents
Children have no inheritance rights over their parents’ property while the parents are alive. Inheritance rights arise only upon the death of a parent, at which point the heirs may claim their legal share of the estate.
Validity of a Will
Individuals are encouraged to determine the status of their assets for the period following their death. This includes debts, liabilities, assets, and all financial and religious obligations, as well as the manner in which such matters are to be handled by the heirs.
A will is valid only if the testator possesses legal capacity at the time of execution. Therefore, insanity arising after the execution of a will does not affect its validity. However, wills made by individuals who intended to commit suicide are considered invalid, as such persons are deemed legally incapable at the time of execution.
Can a Mother Deprive Her Children of Inheritance?
To address this question, it must be noted that women, like men, are entitled to manage and dispose of their property and to execute wills. Accordingly, a mother may dispose of up to one-third of her property by will, as a father may.
If a person has no legal heirs, they may designate any individual of their choosing as a beneficiary and bequeath up to one-third of their estate to that person.
Methods to Prevent Disputes Regarding Inheritance
Since complete deprivation of inheritance is not recognized under Iranian law, individuals who wish to distribute their assets according to their personal preferences must do so during their lifetime through legally recognized contracts.
This enables them to determine the status and transfer of their assets both during their lifetime and after death.
For example, an individual may transfer property through a lifetime settlement agreement. Under such an arrangement, ownership is transferred upon the individual’s death, while the property remains under the individual’s ownership and control during the individual’s lifetime.
Frequently Asked Questions Regarding Deprivation of Inheritance
According to Article 837 of the Civil Code, no individual may completely deprive their heirs of inheritance. A testator may only dispose of up to one-third of their estate, and any excess requires the consent of the heirs.
No. Children acquire inheritance rights only after the death of their parents.
A mother may dispose of up to one-third of her estate by will. Still, complete deprivation of children from inheritance is not legally permitted.
Individuals may distribute their property during their lifetimes through legal instruments, such as lifetime settlement agreements, to ensure that assets are transferred in accordance with their wishes upon death.
A will is valid only if the testator has legal capacity at the time of execution. Wills made by legally incapacitated persons are invalid. Is it legally possible to deprive heirs of inheritance?
Do children have inheritance rights during the lifetime of their parents?
Can a mother deprive her children of inheritance?
What legal methods exist to distribute property freely?
Is a will always valid?
