Reverse affective abandonment as a cause of disinheritance of the necessary heir

Abstract

The present research has the general objective of analyzing the possibility of exclusion of the necessary heir, related to inverse emotional abandonment as a reason for disinheritance, focusing on voluntary omission and the responsibility and duty of care of children in relation to their parents, with the aim of demonstrate the possibility of including this basis in the specific list of inheritance law. To this end, the research on the institute of disinheritance will be addressed, its procedure and modalities, the protection of the elderly and the duty of care of children towards their parents associated with the principle of affection in family relationships and finally the study on emotional abandonment and the reverse affective abandonment and the demonstration of the possibility of including affective abandonment in the list of causes of disinheritance. The study carried out here was predominantly through the deductive method, through qualitative methodology, with the research material used being, for the most part, bibliographic, through the selection of literary works, scientific articles and legislative projects. It is concluded that the prediction regarding the list of causes of disinheritance is exhaustive, and the courts cannot interpret differently, in addition to the increase in cases of abandonment of elderly people. In view of this, it is observed that the best solution would be the inclusion of emotional abandonment as one of the causes of disinheritance, to guarantee the deceased his act of last will expressed in the will and exclusion of the heir.