The Provincial Court of Barcelona has confirmed that two brothers who were disinherited by their fatherthey have the right to receive their legitimate share of the inheritance. The court considers that it was not proven that the lack of family relationship was the exclusive fault of the children, as required by the Civil Code of Catalonia, and annuls the will that excluded them from the inheritance. Consequently, his brother, the sole heir, must pay them 46,399.39 euros each (92,798.78 euros in total) as legitimate inheritance, plus interest.
According to the ruling of July 29, 2025, the father made a will in 2021, shortly before his death, in which he disinherited his two eldest children for having supposedly interrupted all relationships with him and his wife. The will only recognized his third son as heir, who received the entire estate.
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In the first instance, the Court of First Instance and Instruction No. 6 of Manresa validated the will by considering the family breakdown alleged by the father to be proven. However, the Provincial Court of Barcelona revoked this decision after analyzing the testimonial and documentary evidence provided in the procedure.
They cannot be disinherited because the lack of relationship is not attributable to them
The Court noted that disinheritance is only valid if the cause is legally provided for, is certain and is exclusively attributable to the heir, in accordance with article 451-17.2.e) of the Civil Code of Catalonia. In this case, it concluded that the lack of treatment could not be attributed solely to the children, since there were mutual family conflicts derived from the mother’s incapacitation process, sporadic visits and communication with other family members.
Furthermore, it took into account that the deceased had cognitive deterioration in the last year and a half of his life, which could have influenced his perception of the conflict. He also considered it relevant that the children helped in matters related to the mother and maintained some contacts with the family environment.
The court remembers that it is not enough to allege family distancing. For the disinheritance to be valid, it is necessary that the testator base it on a legal cause and that this be fully accredited and attributed to the heir. Otherwise, as is the case here, the disinherited retain their right to receive the legitimate inheritance.
In the words of the Chamber, the mere deterioration in family relationships does not allow a child to be excluded without firm evidence of abandonment or abuse, nor does it make the will unassailable if a shared breakup or motivated by third parties is proven.
For this reason, he declared the disinheritance unjust, recognizing the right of the two children to the legitimate inheritance, condemning the other brother to pay 46,399.39 euros to each one, plus legal interest from the death and procedural interest from the sentence.
However, the sentence was not final and an appeal could be filed against it before the Supreme Court or, where appropriate, before the Superior Court of Justice of Catalonia.