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Book 5 · Law of succession  ›  Division 5 · Compulsory share › Section 2333

Deprivation of a compulsory share

(1) A testator may deprive a descendant of their compulsory share if the descendant

1.  makes an attempt on the life of the testator, of the spouse of the testator, or of another descendant or of a person similarly close to the testator,

2.  is guilty of a major offence or of a serious intentional minor offence against one of the persons designated in no. 1,

3.  wilfully violates the statutory obligation to the testator incumbent upon them to maintain the testator, or

4.  is finally sentenced to at least one year’s imprisonment without probation because of an intentional criminal offence and participation of the descendant in the estate is hence unreasonable for the testator. The same applies if the accommodation of the descendant in a psychiatric hospital or in a withdrawal clinic is finally ordered because of a similarly serious intentional offence.

(2) Subsection (1) applies accordingly to the revocation of the parental or spousal compulsory share.

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