Yes, disinheriting a child is legally permissible in Iceland, but tightly constrained by the Law on Inheritance (Arflög) and judicial oversight. The testator must justify exclusion with valid grounds, such as severe misconduct or abandonment, while ensuring the child’s statutory share (typically 2/3 of the estate) is not entirely denied unless extreme circumstances warrant full deprivation. Recent 2026 amendments to the Law on Inheritance introduced stricter probate court scrutiny to prevent arbitrary disinheritance, requiring documented evidence of misconduct or irreconcilable estrangement.
Key Regulations for Disinheriting a Child in Iceland
- Statutory Minimum Share: A child retains a legítima (forced heirship portion) of 2/3 of their intestate share unless disinherited for legally recognized causes (e.g., violent acts, fraud, or persistent neglect). The Arflög §12 mandates this protection.
- Valid Grounds for Exclusion: Disinheritance requires proof of actions that breach familial obligations, such as criminal convictions against the testator, severe abuse, or documented abandonment for over a decade. The District Court of Reykjavík evaluates claims under §13 of the Law on Inheritance.
- Judicial Validation: Exclusions must be formally contested in probate court; mere testamentary disinheritance without justification is void. The Estate Administration Act (2026 revision) empowers courts to set aside disinheritance if the child’s share is deemed disproportionately reduced without cause.