The Provincial Court of Barcelona has annulled the will in which a mother had disinherited one of her children to insult and despise her and has forced the rest of the brothers to pay her legitimate part of the inheritance. Considers that The reasons for disinheritance are unfair and do not conform to the provisions of the law.
According to the December 2024 ruling, in the will granted by the mother in 2018 disinherited the son claiming that he had broken the family relationship and that he insulted and despised them. For this reason, he deprived this son on his part of the inheritance, leaving everything to the rest of the heirs.
Not satisfied with the reasons of disinheritance, the son filed a lawsuit requested the nullity of the will. For this, he claimed that his mother did not have enough cognitive capacity at the time of granting it and that the reasons of disinheritance were unfair, so he had the right to receive his legitimate part of the inheritance.
Justice considers unfair the reasons to disinherit the child and will have the right to receive its legitimate part of the inheritance
In the first instance, the lawsuit was dismissed by a Court of Mataró, considering the disinheritance valid as established in article 451-17.2 e. of the Civil Code of Catalonia. This determines that a child can be disinherited when there is a “manifest and continuous absence of family relationship between the deceased and the legitimary, if it is for a cause exclusively attributable to the legitimary.”
This means that the Court considered that the lack of relationship was only attributable to the childwhich appealed the decision before the Provincial Court of Barcelona.
It was the one that against what was established by the Court determined that there was no evidence to determine that the lack of relationship was only attributable to the child and that, therefore, there were no reasons for disinheritance.
Established that The son had the right to receive his legitimate part of the inheritance and established the base on which it should be calculated. Therefore, the brothers will have to pay a quarter of the relict flow, divided between the three children.
This decision of the hearing may still be appealed by the brothers before the Supreme Court or the Superior Court of Justice of Catalonia.