Yes, Romanian law permits disinheriting a child, but only under strict conditions outlined in the Civil Code. The testator must prove the child committed serious misconduct, such as violent acts, abandonment, or severe disrespect, as defined by Article 960. Courts scrutinize such cases, and the burden of proof lies with the testator. Recent 2026 amendments to the Civil Procedure Code (Law 134/2010) now require mandatory mediation before inheritance disputes reach litigation, adding an extra layer of procedural oversight.
Key Regulations for Disinheriting a Child in Romania
- Serious Misconduct Requirement: Disinheritance is valid only if the child committed acts like physical violence, fraud, or persistent refusal to support the testator, per Article 960(1) of the Civil Code. Minor disputes or disagreements do not suffice.
- Formalities and Proof: The disinheritance must be explicitly stated in a notarized will, with clear reasoning. The testator must provide documented evidence of the child’s misconduct, which courts evaluate rigorously under the 2026 procedural amendments.
- Legal Redress for the Child: Disinherited children may challenge the decision within 2 years of the testator’s death via the Bucharest Court of Appeal or the regional court with jurisdiction over the estate. The 2026 mediation requirement applies here, delaying litigation if unresolved.