Yes, disinheriting a child is legally permissible in Denmark, but strictly constrained by the Danish Inheritance Act (Arveloven). Forced heirship rules ensure children inherit a minimum share (legitim), typically half of their statutory entitlement unless valid grounds for exclusion exist. Courts scrutinize disinheritance claims under § 25 of the Act, requiring proof of severe misconduct or abandonment. The Danish Agency for Family and Children (Familie- og Socialministeriet) monitors compliance, particularly post-2026 amendments tightening evidentiary burdens for testators.
Key Regulations for Disinheriting a Child in Denmark
- Forced Heirship (Legitim): Children are entitled to at least 50% of their statutory inheritance share (tvangsarv), regardless of a will. Exceeding this requires court validation.
- Valid Grounds for Exclusion: Disinheritance must cite specific, documented misconduct (e.g., violence, fraud, or prolonged neglect) under § 25. General dissatisfaction is insufficient.
- 2026 Compliance Shift: New amendments mandate notarial certification of disinheritance motives and mandatory mediation before disputes escalate to the Arveret (Probate Court).
Testators must draft wills in compliance with § 66 of the Inheritance Act, witnessed by two independent parties. Illegitimate disinheritance triggers automatic reinstatement of the child’s legitim, with retroactive claims enforceable within 10 years. The Skifteretten (Probate Court) reserves authority to override disinheritance if deemed unreasonable, prioritizing familial reconciliation over testamentary freedom.