The capacity to inherit is the ability to acquire the inheritance or to receive a bequest or a compulsory portion. It must already be present at the time of inheritance, which means that a capacity to inherit acquired at a later date is irrelevant. If the capacity to inherit is lacking, a distinction can be made between:
- absolute incapacity to inherit and
- relative incapacity to inherit.
Whereas absolute incapacity to inherit exists in relation to everyone, in the case of relative incapacity to inherit this exists only in relation to certain deceased persons. Accordingly, a person who is legally capable and not unworthy to inherit is capable of inheriting.
In the case of unworthiness to inherit, a distinction can also be made between absolute and relative unworthiness to inherit. Whereas the former leads to incapacity to inherit in any case, in the case of the latter this is only the case if the deceased was not in a position (e.g. underage, lack of knowledge) to disinherit the person concerned.
The grounds of unworthiness to inherit include:
- certain criminal acts against the decedent or the estate (absolute)
- thwarting the last will and testament of the testator (absolute)
- certain criminal acts against close relatives (relative)
- infliction of severe mental suffering on the decedent (relative)
- gross neglect of duties towards the decedent (relative)
