The Provincial Court of Barcelona has given the reason to an heir and condemns his brother to pay him 7,768.87 euros as legitimate hereditary, that is, the part of the inheritance he did not receive. The conflict began after the heir sold a floor one day before the death of his father, a property that had been left as an inheritance to the plaintiff. Justice explains that, although the sale extinguished the legacy, the legatee son maintains his right to perceive the part of the inheritance in metallic.
Apparently, everything begins when José Antonio dies in April 2019, leaving a testament in which he appointed his son Pedro Jesús and bequeathed a ruby floor to his other son, Evelio. Although the inheritance was already distributed, one day before the death of this, the floor that Evelio was going to inherit was sold by Pedro Jesús, apparently by a notarial power that his father had given him a few days before the death.
You may be interested
A retiree who lived only leaves his house of 750,000 euros to a waitress and now the children claim the inheritance
It must 24,000 euros of rent, his lessor and the heir son dies claims the debt, but justice rejects the eviction when the contract with the inheritance is extinguished
This caused the legacy to be extinguished, since good was no longer part of the deceased’s assets at the time of death. Evelio, feeling harmed, claimed that the validity of the legacy be recognized or, failing that, that they will pay their share of the inheritance in cash that corresponded as a son. As his brother did not want, this caused the conflict to end in court.
Although the floor is sold, the son keeps right to his part of the inheritance
Thus, in a first view, Rubí’s First Instance Court proved Evelio although partially, recognizing only 993.08 euros as a legitimate complement (minimal inheritance) after discounting certain previous payments. None of the brothers agreed with that amount, so the case reached the Provincial Court of Barcelona. In this second instance, the judges changed the decision and concluded that Pedro Jesus had to pay his brother 7,768.87 euros.
The main reason is that, although the floor that his father had left Evelio was sold one day before death and the legacy disappeared, the legitimate one, that is, the minimum part of the inheritance that by law corresponds to the children, cannot be eliminated. The judges reviewed the deceased’s assets again, they took debts that did not correspond and included amounts that had left the accounts without justification, and estimated that Evelio was responsible for that figure.
The hearing explains that, according to the Civil Code of Catalonia, the descendants have the right to receive a minimum portion of the inheritance (the legitimate) even if the testator provides otherwise. This means that, although the legacy no longer existed at the time of death, the son was still entitled to perceive the corresponding value. Therefore, Pedro Jesus is ordered to pay the sum set and also formalize the change of ownership of an inherited vehicle that was already in possession of his brother.