Disinherit

v. exclude from a will; deprive of an inheritance

Inheritance is the practice of passing on property, titles, debts, and obligations upon the death of an individual. It has long played an extremely important role in human societies. Both anthropology and sociology have made detailed studies in this area. Many cultures feature patrilineal succession, also known as gavelkind, where only male children can inherit. Some cultures also employ matrilineal succession only passing property along the female line. Other practices include primogeniture, under which all property goes to the eldest child, or often the eldest son, or ultimogeniture, in which everything is left to the youngest child. Some ancient societies and most modern states employ partible inheritance, under which every child inherits (usually equally). Historically, there were also mixed systems:In eastern Swedish culture, from the 13th century until the 19th century, sons inherited twice as much as daughters. This rule was introduced by the Regent Birger Jarl, and it was regarded as an improvement in its era, since daughters were previously usually left without.Among ancient Israelites, the eldest son received twice as much as the other sons.Among Galician people it was typical that all children (both men and women) had a part of the inheritance, but one son (the one who inherited the house) inherited one-third of all the inheritance. This son was called the mellorado. In some villages the mellorado even received two-thirds of all the inheritance. This two-thirds would be all the family's lands, while other children received their part in money.According to Islamic inheritance jurisprudence, sons inherit twice as much as daughters when no will is left. The complete laws governing inheritance in Islam are complicated and take into account many kinship relations (so wills are usually recomended), but in principle males inherit twice as females. There is one interesting exception: The Indonesian Minangkabau people from West part of Sumatra island despite being strong Muslims employ only complete matrilineal succession with property and land passing down from mother to daughter. They find no contradiction between their culture and faith. Many states have inheritance taxes, under which a portion of any estate goes to the government, though the government technically is not an heir.
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Verb
1. prevent deliberately (as by making a will) from inheriting
(synonym) disown
(antonym) bequeath, will, leave
(hypernym) deprive
(derivation) disinheritance

(v. t.)
To deprive of heritage; to dispossess.
  

(v. t.)
To cut off from an inheritance or from hereditary succession; to prevent, as an heir, from coming into possession of any property or right, which, by law or custom, would devolve on him in the course of descent.
  

DISINHERIT - The act of a person, perhaps through creating a will, that has the effect of depriving another person (an heir) of property that would have been distributed to that person under the laws of intestacy.

The act of depriving a forced heir of the inheritance which the law gives him.

The just causes for which parents may disinherit their children, are ten in number. 1. If the child has raised his or her hand to strike the parent, or if he or she has actually struck the parent; but a mere threat is not sufficient. 2. If the child has been guilty towards a parent, of cruelty, of a crime, or grievous injury. 3. If the child has attempted to take away the life of either parent. 4. If the child has accused either parent of any capital crime, except that of high treason. 5. If the child has refused sustenance to a parent, having the means to afford it. 6. If the child has neglected to take care of a parent that became insane. 7. If a child has refused to ransom them when detained in captivity. 8. If the child used any act of violence or coercion to hinder a parent from making a will. 9. If the child has refused to become security for a parent, having the means, in order to take him out of prison. 10. If the son or daughter, being a minor, marries without the consent of his or her parents.

The ascendants may disinherit their legitimate decendants coming to their succession for the first nine causes above expressed, when the, acts of ingratitude there mentioned have been committed towards them, instead of towards their parents; but they cannot disinherit their descendants for the last cause.

Legitimate children, dying without issue, and leaving a parent, cannot disinherit him or her, unless for the seven following causes: 1. If the parent has accused the child of a capital crime except, however, the crime of high treason. 2. If the parent has attempted to take the child's life. 3. If the parent has, by any violence or force, hindered the child from making a will. 4. If the parent has refused sustenance to the child in necessity, having the means of affording it. 5. If the parent has neglected to take care of the child when in a state of insanity. 6. If the parent has neglected to ransom the child when in captivity. 7. If the father or mother have attempted the life the one of the other, in which case the child or descendant, making a will, may disinherit the one who has attempted the life of the other.

The testator must express in the will for what reason he disinherited his forced heirs, or any of them, and the other heirs of the testator are moreover obliged to prove the facts on which the disinherison is founded, otherwise it is null.

DISINHERITANCE. The act by which a person deprives his heir of an inheritance, who, without such act, would inherit.

By the common law, any one may give his estate to a stranger, and thereby disinherit his heir apparent.
   

This entry contains material from Bouvier's Legal Dictionary, a work published in the 1850's.