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Can you disinherit a child in Peru?

Short answer

Only by will, and only for one of the grounds listed in the Civil Code, stated clearly in the will. A disinheritance with no stated cause, on a ground the law does not list, or subject to a condition, is void. Not getting along, or leaving the child out of the will, is not enough.

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Peruvian State portal (gob.pe)

Checked 1 Oct 2026Next review 12 Mar 2027

What we read and what we did not

Articles 667 and 742 to 747 of the Civil Code, and article 333 to which article 746 refers, were read in the Fourteenth Official Edition of the Civil Code published by Minjus.

Why leaving them out is not enough

In Peru children are forced heirs: if they exist, two thirds of the estate are the legítima and belong to them by law. A will that does not name a child does not exclude them; it simply does not touch their share. The figures and the table are on the forced heirship page.

The only tool for depriving a forced heir of the legítima is disinheritance (desheredación), and article 742 limits it from the start: only against someone who “hubiera incurrido en alguna de las causales previstas en la ley” — who has committed one of the acts the law lists.

The rule in article 743

This is the rule that defeats most attempts. It says three things:

The ground must be stated clearly in the will.
A disinheritance with no stated cause, on a ground the law does not list, or subject to a condition, is void.
One based on a false cause can be annulled.

So: no will, no disinheritance; a will with no written ground, none either; a written ground that is not in the Code, none; the right ground but with a condition attached, none. And the right ground but invented facts, the disinherited heir can have it annulled.

Grounds against a child or descendant (art. 744)

#	Ground
1	Having physically mistreated or seriously and repeatedly insulted the ascendant or their spouse, where that spouse is also the offender’s ascendant
2	Having denied them support without justified reason, or having abandoned the ascendant when gravely ill or unable to fend for themselves
3	Having deprived them of their liberty without justification
4	Leading a dishonourable or immoral life

Four grounds, and none of them is “they never visit”, “they married someone I dislike” or “they don’t work”. The first three describe concrete conduct against the ascendant. The fourth is the most open and the most argued over, and in court it has to be proved.

Grounds against a parent or ascendant (art. 745)

Having denied support without justification to their descendants.
Having incurred one of the causes for loss of parental authority (patria potestad), or having been deprived of it.

Against a spouse (art. 746)

The article refers to the grounds in article 333, items 1 to 6. We do not list them here because we did not read that article.

The other route: indignidad (art. 667)

Article 747 allows a disinheritance to rest also on the indignidad grounds in article 667. But indignidad is a different thing: the testator does not decide it, the law does, and it excludes the heir whether or not there is a will. Its seven grounds:

Perpetrators and accomplices of intentional homicide or its attempt against the deceased, their ascendants, descendants or spouse. Not erased by pardon or by the sentence prescribing.
Those convicted of an intentional crime against the deceased or those persons.
Those who falsely accused the deceased of a crime carrying a custodial sentence.
Those who used fraud or violence to stop the deceased making a will, to force them to make one, or to make them revoke it.
Those who destroy, hide, forge or alter the will, and those who knowingly use a forged one.
Those convicted by final judgment in domestic violence proceedings against the deceased.
A parent who did not voluntarily recognise the child during minority or who did not provide support and assistance within their means; and a relative with a right to inherit, or the spouse, who did not provide assistance and support when legally obliged to, where that was raised in court.

Compared on	Disinheritance	Indignidad
Who decides	The testator, in the will	The law
Needs a will?	Yes	No
Grounds	Arts. 744 to 746 (plus art. 667 by reference in art. 747)	Art. 667
Who it affects	Forced heirs	Heirs and legatees

Why most disinheritances fail

There is no will. People think saying it, or leaving the child out of a gift deed, is enough. It is not.
The ground is not written, or written badly. “For their bad behaviour” is not a ground in the Code.
The ground does not exist in law. Estrangement, ingratitude or disagreement do not appear in article 744.
It is conditional. Any “unless” voids it.
There is no evidence. If the child argues the cause is false and the testator is no longer there to defend it, the disinheritance depends on what was documented.

Foreign residents

If you are domiciled in Peru, these rules apply to your succession even if your home country allows complete freedom of testation (art. 2100 of the Civil Code, explained on the forced heirship page). A foreign will that “disinherits” a child without a ground from the Peruvian Code does not deprive that child of the legítima in a succession governed by Peruvian law.

It also works the other way: if your last domicile is outside Peru, the same article 2100 points to that country’s law, even for property here. Article 2049 allows foreign law to be set aside only when applying it is incompatible with international public order; what we found on how that has been applied is in inheriting from a foreigner who lived abroad.

How to file

Confirm the facts fit a legal groundAgainst a child, only the four grounds in article 744 or the indignidad grounds in article 667. If what you want to punish is not on those lists, the disinheritance will not hold.
Make a will, preferably by public deedDisinheritance exists only inside a will. A public-deed will before a notary with two witnesses is the hardest to challenge.
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State the ground clearly and without conditionsIdentify the heir, name the specific ground from the Code and describe the facts. Any condition voids it.
Keep the evidenceA disinheritance based on a false cause can be annulled. Police reports, judgments, medical certificates or witnesses are what will support the ground if the disinherited heir contests it after your death.
If you are the disinherited child, read the willIf it states no cause, the cause is not in the law, it is subject to a condition, or it is false, the disinheritance can be attacked. That needs a lawyer.

What most people believe — and what the law says

The belief

If I don't name them in the will, they're disinherited.

The law

No. A child is a forced heir and the legítima belongs to them by law even if the will does not mention them. Depriving them of it requires an express disinheritance, on a legal ground, inside the will.

The belief

Writing 'I disinherit my son John' and signing is enough.

The law

Article 743 requires the ground to be stated clearly in the will. With no stated cause, the disinheritance is void.

The belief

I can disinherit them because they haven't spoken to me in years.

The law

Estrangement is not a ground. The grounds against descendants are four and specific: serious repeated physical mistreatment or insult, denying support or abandoning a sick parent, unjustified deprivation of liberty, or leading a dishonourable or immoral life.

The belief

I can disinherit them on condition that I forgive them if they change.

The law

A disinheritance subject to a condition is void. It is all or nothing, in writing.

The belief

Disinheritance and indignidad are the same thing.

The law

No. Disinheritance is decided by the testator in the will. Indignidad is fixed by law for serious acts — killing the deceased, forging the will — and operates with no will at all.

The belief

My will back home cuts them out, and that's what counts.

The law

If you were domiciled in Peru, Peruvian law governs your succession. A foreign will that 'disinherits' a child without a ground from the Peruvian Code does not take away that child's legítima.

Frequently asked questions

Can I disinherit my spouse?

Yes, but only for the grounds in article 746, which refers to items 1 to 6 of article 333 of the Civil Code. This page did not read that article in detail, so it does not list those grounds here; consult a lawyer before basing a disinheritance on your spouse on them.

What happens if the ground I wrote into the will turns out to be false?

Article 743 says a disinheritance based on a false cause can be annulled. So even if you wrote the ground clearly and without conditions, if the fact didn't happen as you described it, the disinherited heir can have it annulled after your death.

What form of will should I use so the disinheritance is hard to challenge?

Disinheritance exists only inside a will, and a public-deed will before a notary with two witnesses is the hardest to challenge. Inside that will, identify the heir, name the specific ground from the Code, and describe the facts, with no condition attached.

What evidence should I keep so the disinheritance can't be annulled later?

Police reports, judgments, medical certificates or witnesses are what will support the ground if the disinherited heir contests it after your death. Without evidence, the disinheritance depends on what was documented, and a ground that can't be backed up is exposed to being annulled.