Hereditary succession

The Supreme Court (SC) has ruled on a case in which, upon the death of a person, they left a will namingtheir three minor children as heirs and specifying thattheir siblings(the minors' uncles) would be the ones toadminister the assets until they reached 25 years old, excluding the minors' mother from that administration due to thebad relationships that arose after thedivorce.

However, thechildren and their legal representativeappealed the will alleging that thefather lacked capacity to make a will, and that there wereirregularities in how it had been done, and above all, that it was not fair that they were preventedfrom managing and disposing of the assets even after reaching thelegal age(18 years), as this represented a detriment to their legitimate right to the inheritance.

Infirst and second instance, the courts ruled in favor of the uncles, considering the will to bevalid and the decision to exclude the mother to be legitimate, as it was motivated by theprotection of the minors. They also stated thatthere was no prohibition for the children todispose of their assets indefinitely, onlyuntil they reach 25 years old, something that case law had accepted in similar cases.

However, when the appeal reached theSupreme Court, thischanges criteria in part as it recognizes that thefather did have the capacity to make a will and that thewill to protect the children was valid, but considers that imposing that thechildren cannot manage or dispose of their share of the inheritancebeyond the age of 18(legal age of majority) goesagainst their legitimate right. According to the Supreme Court, heirs must be able to manage their assets with totalfreedom once they reach the age of majority, and the testator cannotimpose conditions that restrict this beyond that moment.

In inheritance disputes, our professionals can advise you on the defense of your claims and rights.