He Supreme Court has resolved a family dispute over an inheritancein which one of the brothers sued the rest because he considered the distribution of the inheritance unfair. This son had received 200,000 euros in donations from his mother before her death as indicated in the will, and were therefore considered a legitimate part of her inheritance. After denying that it had received said donations and demanding a redistribution of the distribution, the High Court has considered that the Amounts received must be effectively computed as an advance of his legitimate.
As detailed in the January 2025 ruling, the conflict arose after the death of the mother, who had executed a will in which she left one of her daughters as universal heir and the rest only the legitimate part that corresponded to them. Furthermore, it was indicated that the son who subsequently filed the lawsuit had rreceived donations while she was alive worth 200,000 euros, an amount that had to be collated, that is, counted as part of her inheritance.
the son Considering the distribution of the inheritance to be unfair, he filed a lawsuit against his brothers. requesting that a review of the inheritance be carried out, that the amount that had been assigned to him be declared null and void and that his right to receive the entire amount that corresponded to him be recognized.
Justice considers that the 200,000 euros he received when his mother was alive are part of his legitimate inheritance
The claim was dismissed in the first instance by a Court, which considered that the evidence provided by one of the sisters, the one he had designated as universal heir, proved that the plaintiff had received the amounts mentioned in the will, although he denied it. Among them, mentioned in the ruling, payments of personal loan debts, agricultural subsidies linked to family lands, even the transfer of a property for several years until the death of the mother.
The court highlighted that the same They constituted donations free of charge, and in accordance with the provisions of article 1035 of the Civil Code. “The forced heir who participates, with others who are also forced heirs, in a succession must bring to the estate the assets or values that he would have received from the deceased of the inheritance, during his lifetime, by dowry, donation or other lucrative title, to compute it in the regulation of legitimate assets and in the partition account.” This means that The donations received from his mother during her lifetime count as a legitimate part of her inheritance.
Not satisfied with the sentence, he filed an appeal before the Provincial Court, in which he again argued that the amounts mentioned could not be considered donations and that he had also not received the 200,000 euros indicated in the will.
The Court confirmed the Court’s initial resolution and stressed that the mother’s will expressed in the will must prevail. He also stressed that the plaintiff in this case should be the one to present the necessary evidence to confirm that he had not really received that money.
Finally, the case comes to Supreme Court after the presentation of an appeal, who partially confirms previous rulings. Firstly, as to whether the donations were collatable, the Supreme Court considers that they are and clarifies that “the purpose of collation is to guarantee equity among the heirs and ensure that the liberalities made during life do not harm the rights of others.” legitimate”.
However, he maintains that not all the amounts mentioned are collatable, since for them to be collatable, it must be demonstrated that there was enrichment. He also underlines the importance of applying the ‘favor testamenti’ principle, that is, respecting his mother’s will expressed in the will.