The Provincial Court of Pontevedra has confirmed that more than 68,000 euros transferred by a mother to one of her children in life must be integrated into the inheritance. The reason is that it was not proven that the money dispositions had just cause or that they were a donation valid, so they must be computed in the hereditary flow and distribute among all heirs.
According to the Judgment of June 2025, after the judicial division of the inheritance, one of the children denounced that his brother had received transfers from his mother for amounts that exceeded domestic expenses. Even the same day of death, a 12,000 euros transfer was detected without documentary explanation. The inheritance initially included 15,657 euros, which led to claim that these amounts transferred to his brother were included in the inheritance.
The Court of First Instance No. 2 of Pontevedra initially approved an inventory in which it only recognized as a hereditary balance the 15,657 euros existing in the bank account to the death, refusing to include the previous transfers to understand that its undue nature had not been demonstrated.
They were not valid donations and must be added to the inheritance
After an appeal for the judgment of the Court, the Provincial Court of Pontevedra analyzed the movements of the account and verified that significant transfers had been made in favor of a child, for a total of 68,233 euros.
Faced with the allegation of this, that the mother trusted him to make regular payments and domestic efforts, the audience stressed that Animus Donandi (will to make a donation) is not presumed according to article 1035 of the Civil Code. This establishes that when there is Forced heirsthe provisions made to one of them must be computed as legitimate advances, except proves to the contrary.
In this case, no documentation was provided that justified transfers, so they could not exclude themselves from the hereditary cast.
Based on these arguments, the Pontevedra audience ordered to include additional 68,233 euros in the inheritance, which had to be added to the balances of the bank already recognized to distribute among all the heirs.
The sentence was not firm and against it was possible to file a appeal before the Supreme Court.