Short answer. Yes, if the accusation was for a crime punishable by six years of imprisonment or more and the accusation was found to be false. The Civil Code expressly lists this as a ground to disinherit a parent or ascendant in your will.
What the law says
When the parent or ascendant has accused the testator of a crime for which the law prescribes imprisonment for six years or more, if the accusation has been found to be false
Civil Code, Article 920 — Grounds to Disinherit Parents and Ascendants. Read the full provision →
The ground: false accusation of a serious crime
Article 920 of the Civil Code lists the grounds for disinheriting a parent or ascendant. One of them is this: when the parent or ascendant has accused the testator of a crime for which the law prescribes imprisonment for six years or more, if the accusation has been found to be false. Two conditions must both be met. First, the crime charged must be one for which the law prescribes a prison sentence of six years or more — a petty or minor offense does not qualify. Second, the accusation must have been found to be false — not merely withdrawn or settled, but determined to be untrue.
Why both conditions matter
The six-year threshold is significant because it limits the ground to accusations of genuinely serious offenses. A parent who filed a complaint for a minor infraction, even if it turned out to be baseless, cannot be disinherited under this provision. The gravity requirement reflects the law's judgment that only a major false accusation — one that could have sent you to prison for years — constitutes a sufficient betrayal of the parent-child relationship to justify disinheritance. A false accusation of a less serious offense might support other legal remedies but not this one.
What it means for the accusation to be found false
The law requires that the accusation has been found to be false — not merely that it was unsuccessful or that charges were dropped. An acquittal for insufficient evidence is different from a finding that the accusation itself was fabricated or without basis. If the criminal case against you ended in an acquittal, a dismissal based on insufficiency of evidence, or a finding that no crime was committed, the strongest position would be one where there is an explicit finding that the charge was false. If the circumstances of the case make it clear the accusation was groundless, that may satisfy the condition — but what actually qualifies depends on the specific facts.
How to use this ground in your will
To disinherit your parent on this basis, you must make the disinheritance in a valid will and state the ground expressly. It is not enough to omit the parent from the will without explanation. The will should identify the parent and state that the disinheritance is based on their false accusation of a crime carrying a sentence of six years or more. You should keep any documentation — court records, case dispositions, or findings — that support the existence of the accusation and its outcome. These may be needed if the disinheritance is ever challenged by the parent or by other heirs.