Can a wife make a will to disinherit her husband?

We have gone through many hardships to now have a prosperous life. I also do not want to divorce because of the psychological impact on the children and relatives. Moreover, I just discovered that I have a terminal illness.

I want to quietly make a will to leave all my personal and joint assets during the marriage to my children, and disinherit my husband. Is that possible?

Consulting attorney

A will is an expression of a person's will to transfer his or her property to another person after death. According to Clause 1, Article 626 of the 2015 Civil Code, the testator has the right to "designate an heir; deprive an heir of the right to inherit".

However, in Clause 1, Article 644 of the 2015 Civil Code, minor children, fathers, mothers, wives, husbands; and adult children who are incapable of working are still entitled to an inheritance portion equal to 2/3 of the portion of a legal heir, if they are not given an inheritance by the testator or are only given an inheritance portion less than 2/3 of that portion.

Thus, even if you make a will leaving all your assets to your children and disinheriting your husband, your husband is still entitled to 2/3 of the share of a legal heir regardless of the content of the will.

Note that your husband can only inherit your estate according to Article 644 above if your will is legal. Accordingly, a legal will must satisfy all the conditions in Clause 1, Article 630 of the 2015 Civil Code:

- When making a will, you were clear-minded, lucid, and not deceived, threatened, or coerced.

- The content of the will does not violate the prohibitions of the law, is not contrary to social ethics, and is in accordance with the provisions of Article 631 of the 2015 Civil Code.

- The form of the will must be in writing (with or without witnesses, notarized or certified). If it is not possible to make a written will, an oral will can be made, but it only applies when your life is threatened by death and an oral will is only legally effective within 3 months from the date of making.

If your will is not valid, your legacy will be divided according to the law. Accordingly, your first-line heirs include your husband, children, biological father, biological mother, adoptive father, adoptive mother, and each of them will receive an equal share of the inheritance.

In addition, the law stipulates that there are only 2 cases in which your husband will not receive the inheritance left by you if your husband refuses to receive your inheritance or falls into the cases of people who are not entitled to inherit according to Clause 1, Article 621 of the 2015 Civil Code, including:

- Convicted of intentionally infringing upon the life or health of the person leaving the inheritance, or of seriously mistreating or torturing the person leaving the inheritance, or of seriously infringing upon the honor or dignity of that person.

- Serious violation of the obligation to support the person leaving the inheritance.

- Convicted of intentionally infringing on the life of another heir in order to receive part or all of the inheritance to which that heir is entitled.

- Committing acts of deceiving, coercing or preventing the testator from making a will; forging a will, altering a will, destroying a will, or concealing a will in order to receive part or all of the inheritance against the testator's wishes.

Thus, you cannot make a will to disinherit your husband, unless your husband refuses to receive your inheritance or your husband falls into the category of people who are not entitled to inherit according to Clause 1, Article 621 of the 2015 Civil Code.