The Provincial Court of Lleida has condemned an heiress for appropriating more than 220,000 euros that were to be distributed among several heirs, according to a will. Despite repeated legal warnings, the woman refused to comply with the wishes expressed in her aunt’s will, which led the court to impose a fine and return the money to the heirs plus the interest it had generated. .
As reflected in the ruling, the deceased had established in her will how her assets should be distributed (this is how it should be done according to the law). In it he assigned specific amounts to various institutions and people. However, the nieces designated as heirs They interpreted that the securities and financial assets were part of their inheritance and assigned them to their estate.
The harmedwhich included institutions and individuals, including formal representation through the Lleida City Council, they filed a lawsuit initial will interpretation in the civil jurisdiction.
After not obtaining the corresponding distribution, these legatees, legally advised, They opted for criminal proceedings when they considered that the heiress was acting fraudulently. (which is done knowingly) by retaining property intended for them
The court sentences the accused to return the money she had left from the inheritance
This new judicial process went through several stages in which evidence and witnesses were presented. The defense of the accused argued that the niece had not kept the money improperly, since the interpretations of the will supported her position.
However, the Provincial Court determined that according to the provisions of article 254 of the Penal Code, she had indeed participated in a crime of misappropriation, because she had taken property that belonged to others for herself, causing property damage. He concluded that The refusal to distribute the assets after several legal requirements demonstrated an intention to unduly enrich oneself.
To issue the ruling, justice is based on the Penal Code, which in its articles 109 and 116 require repairing the damage caused by a crime. In this way, the niece must return the 220,000 euros of inheritance that she kept, in addition to paying the legal interest established by article 1108 of the Civil Code and paying a six-month fine with a daily fee of 30 euros. In addition, the beneficiaries will receive proportional compensation.