The causes of disinheritance are collected in the Civil Code, and based on them, parents can, for example, disinherit a child. In this sense, some regional regulations also foresee, such as the Catalan Civil Code, this was already hosted A mother who disinherited one of her daughters in the will to leave another already its widower as a universal and usufructuary heiress of their assets respectively. Despite the claim of the disinherited daughter, the Provincial Court of Barcelona, has considered the causes of disinheritance and this daughter valid He will run out of inheritance due to the lack of continuous relationship and exclusively attributable to her.
According to the sentence, the mother in her last testament, appointed her eldest daughter universal heiress of her assets and the usufructuary husband of them. This means that the daughter will be the head of the goods while the widower will have the right to use and enjoy. In that same document, the deceased expressed his willingness to disinherit his other daughter, Based on that the lack of family relationship that was only because of the daughter, something that is collected as a justified cause in article 451.17.2 of the Catalan CC.
After the death of the mother, the youngest daughter filed a lawsuit in which Disheredation challenged and demands its legitimate part of the inheritancewhich in the case of Catalonia corresponds to a quarter of the inheritance, at the national level it would be distributed according to what is established Civil Code.
Justice considers that there are enough reasons to disinherit it and will not receive its inheritance
After the claim it was the Court of First Instance No. 35 of Barcelona that dismissed it by considering that the causes of lack of family relationship were only attributable to it.
Among the facts highlighted by the sentence are previous litigation between mother and daughter, among them that of a eviction of a place that the daughter occupied without paying the rent. In addition to this, several donations made in life are mentioned by their parents, which this irresponsibly managed generating legal debts and problems to the whole family.
In addition, in terms of gestures to recover the family relationship between mother and daughter, it is revealed that they are not considered genuine, and therefore disinheritance is more than justified.
The daughter, given this ruling, filed a Appeal before the Provincial Court, Adding that the lack of relationship could not only be attributed to her, since she had tried reconciliation with her mother, arguments that the hearing rejected, and like the Court of First Instance supported her mother’s decision.
For the hearing, the documents that were contributed demonstrated that The daughter’s behavior harmed her parents and that at no time the indications that he intended to be a reconciliation were clear.
It also reinforces the principle of “favori favori”, which prevails the will that the deceased expresses in his will as long as it complies with the law. The Provincial Court concluded that The disinheritance complied with the norms and considers it valid, And the daughter will remain without her legitimate part of the inheritance, staying with all her sister as a universal heiress and her father as a usufructuary of the goods.
Despite this decision, the sentence issued by the Provincial Court is not firm and the daughter may file a new claim before the Supreme Court or the Superior Court of Justice of Catalonia, something that to date does not record that it has occurred .