Inheritances are often the source of family disputes that sometimes end up in court. Differences between loved ones, motivated by disagreements over the last will of the deceased, can escalate to call into question the validity of a will. This occurred in the case of a elderly woman who died in 2018, whose decision to leave her inheritance to a single niece was challenged by other family members. The Provincial Court of Barcelona, however, dismissed the claim filed, concluding that there was insufficient evidence to invalidate the wills granted in 2016 and 2018despite the arguments about the state of health of the deceased.
According to the ruling, The elderly woman, who died at the age of 90, left her inheritance to a niece who had taken care of her during the last years of her life.. The family members, not satisfied with this decision, argued that the testator did not have the capacity to make a will due to a diagnosis of legal blindness and moderate cognitive impairment after their admission to a residence in 2015. They, being the plaintiff, alleged that these conditions compromised their ability to fully understand the scope of their testamentary decisions.
The plaintiffs argued that, according to the Civil Code of Catalonia in its version prior to the 2019 reform, The woman’s sensory disability required the presence of two witnesses to guarantee the validity of the will.as established in article 421-10 for cases of blindness or inability to read or sign. They also suggested that the beneficiary could have improperly influenced the will of the testator.
He was aware of who he left the inheritance to.
The Provincial Court, after reviewing the case, determined that, Although there was moderate cognitive impairment, the medical reports provided did not demonstrate that the elderly woman lacked the capacity to understand and express her will. when drafting the will. Likewise, it dismissed the accusations of manipulation by the beneficiary, finding no conclusive evidence to support these claims.
In its analysis, the court noted that the notary who authorized the wills complied with the procedures established by law and verified that the testator fully understood the content and scope of his decisions. It was also highlighted that the Catalan succession regulations, in line with the principles of equality and non-discrimination established by the United Nations Convention on the Rights of Persons with Disabilities, does not invalidate a will due to sensory disability whether the testator can clearly express his will.
The will of the testator prevails
The court found it credible that the decision of benefiting a single niece would respond to the relationship of trust and care existing between both during the last years of the testatrix’s life. This will was expressed by the old woman on several occasions and corroborated by several people around her.
In this way, the ruling of the Provincial Court confirms the initial ruling handed down in the Court of First Instance and Instruction No. 1 of Cornellà de Llobregat, which also dismissed the claim at the time. Now, the ruling indicates that the plaintiff can still appeal the decision, but the court made it clear that There were not enough elements to annul the wills.