The Provincial Court of Barcelona has partially upheld the appeal of a grandson disinherited by his grandfather, who had excluded him from the will along with his mother, alleging the “manifest and continued absence of a family relationship, to leave his entire inheritance to the neighbors who took care of him after the death of his wife. Although justice considers valid the causes for disinherit the daughter, has determined that it has not been proven that the grandson was responsible for the estrangement. Therefore, he recovers his right to the legitimate.
According to the ruling handed down on July 3, 2025, the grandfather made a will in 2019, disinheriting his adopted daughter and his grandson because he considered that both had abandoned him after becoming widowed in 2014. After abandoning his family, he decided to leave his entire inheritance to his neighbors whom he named universal heirs.
You may be interested
The Supreme Court makes it clear that in this case you can pay less inheritance tax when inheriting if a family member resigns
Paqui, mother who is going to disinherit her son: “I feel good doing it”
Both the daughter and the grandson challenged the will, but the Court of First Instance of El Prat de Llobregat rejected their claim in its entirety, considering the causes of disinheritance provided for in article 451-17.2.e) of the Civil Code of Catalonia to be proven, because there was a “manifest and continued absence of a family relationship” attributable exclusively to the daughter and the grandson. However, the Provincial Court of Barcelona has distinguished the situation of the mother and the grandson, resolving that the latter should not be deprived of the legitimate right.
The grandfather said he felt “rejected and abandoned,” but did not believe it was because of the grandson.
In the will, the grandfather indicated that he disinherited his daughter and grandson because they had both rejected him, avoiding all contact with him for years despite living in the same neighborhood. In particular, he noted that his grandson “painfully and ostensibly shunned him,” without offering any approach.
However, the Court recalled that at the time the estrangement occurred the grandson was a minor, and that no evidence was presented beyond the testator’s version confirming that this lack of relationship was the exclusive fault of the grandson. He added that there was also no evidence that upon reaching the age of majority, he had time or circumstances to resume the relationship.
On the contrary, he did consider the daughter’s behavior proven, with testimonies that described her as absent, interested and hostile. The Court especially valued the medical reports, social workers and witnesses, which confirmed that those who really provided continuous attention to the testator were the neighbors.
The court recalled that, in accordance with article 451-20 of the Civil Code of Catalonia, the burden of proving the cause of disinheritance falls on the heir, and this must be “exclusively attributable to the heir.” Since this has not been proven in the case of the grandson, the right to receive the legitimate part of the inheritance is recognized, which the neighbors will have to pay him.
However, the sentence was not final and an appeal could be filed against it before the Supreme Court or the Superior Court of Justice of Catalonia.