The Provincial Court of Navarra has resolved a ddispute between two brothers over the assets that the mother had donated to one of them. The sister claimed that the donation violated the brotherhood will signed by her parents, which established that she would be the universal heir and other specific provisions for both brothers. Finally, justice agrees with him and cancels the donation made by his mother to his brother considering that it goes against the regional laws that regulate this type of wills, confirming that The assets must be awarded according to the original testamentary provisions.
As detailed in this ruling from September 2024, the conflict originated after the death of the father in 2015. A year later, The mother granted a public deed through which she donated two properties to the son, reserving lifetime usufruct thereof. The sister alleged that this donation was contrary to the brotherhood will signed by her parents, a document that, according to Navarrese provincial legislation, is irrevocable after the death of one of the grantors.
In that will, the parents had established that the assets of their inheritance would be bequeathed to their children jointlysome awarded equally among the children, while others, including future ones, would be the exclusive inheritance of the daughter.
The court annuls the mother’s donation, it must adhere to what is established in the will
The daughter filed a lawsuit before the Court of First Instance of Aoiz, requesting the annulment of the donation, arguing that it violated article 202 of the New Law of Navarra, which establishes that brotherhood wills are irrevocable after the death of one of the testators, except in exceptional circumstances.
The court agreed, declaring it null and void, and ordering that the registry entries of the affected properties be cancelled. His brother appealed the sentence, in which he made reference to the fact that these assets were the exclusive property of his mother.so he could dispose of them however he wanted.
The case reached the Provincial Court, which dismissed the appeal, confirming that The will reflected a joint will of the parents and that the donation was contrary to law. The court based its decision on the principles of corespectivity and irrevocability of the brotherhood will, concluding that the mother could not unilaterally dispose of the assets after the death of her husband.
Furthermore, he stressed that the testamentary provisions did not make a distinction between private and common assets, which reinforced the interpretation that both parents acted jointly.
The failure ratifies the nullity of the donation and orders that the assets be awarded according to the original testamentary provisions. Likewise, it imposes the procedural costs on the appellant brother, making it clear that there was no legal basis for his appeal. Despite this, it is not a final ruling, since a door was left open to present an appeal before the First Chamber of the Supreme Court or, where appropriate, before the Civil and Criminal Chamber of the Superior Court of Justice. of Navarre.