The Provincial Court of Barcelona has estimated part of the resource filed by a daughter for a Donation of their parents in favor of his brother because he harmed his legitimate part of the inheritance. Justice forces him to return to the hereditary mass 235,000 euros, corresponding to the sale price of the family floor of Barcelona and two garage places that his parents had donated to him.
According to the judgment of December 2024, donations were made when the parents were already admitted a residence and diagnosed with different degrees of cognitive impairment. A few months later, the son sold the goods for 235,000 euros. His sister challenged the operation claiming that his parents lacked the ability to consent to the donation and requested the nullity of the general power that his parents also granted to his brother.
The Court of First Instance No. 55 of Barcelona rejected most of his claims against the brother, although he recognized the nullity of the donation with respect to the father. That is why the daughter appealed in appeal, asking that the donation and power granted by the mother also declared void.
The diseases of their parents prevented them from understanding the scope of the donation
The Provincial Court of Barcelona recalled that, according to article 1301 of the Civil Code and the doctrine of the Supreme Court, a person’s ability is presumed, but can be destroyed if it is accredited with solid evidence that on the date of the act lacked sufficient discernment.
In this case, the reports confirmed that the parents suffered Alzheimer’s and mixed dementia in moderate-shall grade, which prevented them from understanding the scope of such a donation. Therefore, he rejected the arguments of the beneficiary son, who defended that his mother did have the capacity to give the property and that the operation responded to a conscious will.
The hearing established that the child could not keep the money obtained by the sale of donated goods and that he had to return the 235,000 euros to the inheritance of his parents, discounting the satisfied taxes. He also declared the nullity of the general power granted. However, with the resolution, a appeal could be filed before the Supreme Court.