The Provincial Court of Barcelona declares the disinheritance of a son in a will void and obliges the brother (who was the main heir) to pay him 13,142.41 euros plus legal and procedural interests. He thus recognizes his right to his legitimate share of the inheritance despite the fact that the father wanted to take it away from him, alleging a lack of family relationship attributable only to the son.
According to the ruling issued in October, after the father’s death, in his will, he disinherited one of his children, alleging a “manifest and continued absence of family relationship” exclusively attributable to the disinherited, one of the reasons that the Catalan Civil Code includes as a valid cause of disinheritance in its article 451-17.2.e.
The disinherited son contested the will (it can be done for these reasons), and He filed a lawsuit claiming his rightful share of the inheritance. In it he alleged that the lack of family relationship was not due to him, but rather to the fact that, for work reasons, he lived abroad, which made it difficult for frequent contact. However, he clarified that they had several interactions and that he had even been at significant moments in his father’s life, such as his partner’s funeral.
Justice agrees with him and forces his brother to pay him more than 13,000 euros for the legitimate part
After the lawsuit, the Court of First Instance No. 1 of El Prat de Llobregat He took a stand in favor of the disinherited son, and declared the cause of disinheritance set out in the will null and void.. He considered that the lack of family relationship was not the sole responsibility of the son and the cause alleged by the testator lacked sufficient evidentiary basis. He also ruled that the son had the right to receive the legitimate part of his inheritance, and his brother would have to pay him 3,142.41 euros plus legal interest.
Not satisfied with having to pay said amount, he filed an appeal in which he argued errors on the part of the Court when evaluating the evidence, and the case has reached a conclusion. the Provincial Court of Barcelona, which has confirmed the ruling issued in the first instance.
Consider in this way that The absence of a family relationship is not solely attributable to the disinherited childsince according to the evidence presented and the absence of other evidence to the contrary, it cannot be confirmed that the legal cause for the disinheritance provided for in 451-17.2.e) of the Civil Code of Catalonia existed.
It is also based on previous jurisprudence of the Superior Court of Justice of Catalonia which indicates that andThe right to legitimate income is based on family ties and cannot be used to generate discrimination or arbitrary disagreements between the heirs.
For all this recognizes his right to the legitimate part of the inheritance and confirms that his brother will have to pay him 13,142.41 eurosin addition to the legal interest accrued since the death of the testator and the procedural interest from the date of the resolution.