Euthanasia as a reason for unworthiness to inherit

Abstract

The provision on the right to a dignified death proposed in the Preliminary Draft Civil Code of the Republic of Serbia has again actualized the discussions on the legalization of euthanasia. Within the framework of inheritance legislation, there are discussions regarding the place of euthanasia among the reasons for unworthiness to inherit. In most legislations, euthanasia is still a criminal offense and, on that basis, the reason for unworthiness to inherit. In the legal systems where euthanasia is allowed, this procedure is completely performed by a doctor. Heirs are not involved in the procedure. Accordingly, euthanasia is not mentioned as a reason for unworthiness of the heir to inherit. The legal solution proposed in the Preliminary Draft of the Civil Code of the Republic of Serbia was discussed in general terms and left for further debate. By the time the proposed solution is adopted in this or a slightly modified form, active euthanasia will be the reason for unworthiness to inherit, while passive euthanasia could be discussed within some other legally prescribed reasons for unworthiness.

Keywords

• euthanasia
• mercy killing
• heir
• unworthiness to inherit
• premeditated murder