Yes, disinheriting a child is legally permissible in Peru under strict conditions outlined in the Civil Code, but it requires valid justification and formal procedures. The Peruvian legal framework permits disinheritance only for specific grounds, such as grave misconduct or abandonment, and must be executed through a notarial will or judicial process. Recent 2026 amendments to the Civil Code (Decreto Legislativo No. 1384) reinforce protections for vulnerable heirs, requiring heightened scrutiny of disinheritance claims to prevent abuse.
Key Regulations for Disinheriting a Child in Peru
- Valid Grounds Only: Disinheritance is permitted only for legally recognized causes, such as parental abandonment, severe abuse, or criminal acts against the testator (Art. 744, Peruvian Civil Code). Vague or unsubstantiated claims are invalid.
- Formal Documentation: The disinheritance must be explicitly stated in a notarial will or, if contested, validated through judicial proceedings. Oral or informal disinheritance has no legal effect.
- Burden of Proof: The testator bears the burden of proving the disinheriting cause with clear evidence. Recent 2026 reforms mandate psychological or forensic evaluations in cases involving mental incapacity or coercion.
Disinheriting a child in Peru is not an absolute right but a conditional remedy subject to judicial oversight. The Superintendencia Nacional de los Registros Públicos (SUNARP) enforces compliance, and appeals may be filed within 2 years of the will’s execution. Legal counsel is strongly advised to navigate procedural pitfalls and avoid nullification of the disinheritance clause.