Spanish justice ruled in favor of a man whose father had left out of his will after remarrying. The decision of the Barcelona Provincial Hearing annulled the disinheritance clause, recognizing the son’s legitimate share in the inheritance of a house valued at more than 220 thousand euros.
The case began when the father, after the death of his first wife, inherited the family property in full, pledging to respect his son’s legitimate inheritance. However, years later, she remarried and ended up breaking off the relationship with him. In the will he left, he excluded both his son and grandchildren, justifying himself with the “absence of family relationships”, claiming that this lack of contact was the sole fault of the heir.
A legacy marked by family conflict
According to the sentence cited by the Spanish portal Noticias Trabajo, the will invoked article 451-17.2.e of the Civil Code of Catalonia, which allows a descendant to be disinherited when the absence of a family relationship is “manifest, continuous and attributable only to the child”. The court, however, understood that this exclusive guilt had not been proven, as the distance began after the father’s remarriage.
The son claimed that it was his own father who removed him, influenced by his new wife, and that the family split was never the result of serious or offensive behavior on his part. The court of first instance ruled in favor, annulling the disinheritance and recognizing his right to a quarter of the value of the inherited property.
Court confirms right to legitimate
The new wife appealed the decision, arguing that the separation had already occurred and that the father had not acted under her influence. However, the Barcelona Provincial Hearing maintained the sentence, concluding that the lack of relationship could not be attributed solely to the son and that the father had changed his attitude after remarrying.
The court expressly cited article 451-17 of the Civil Code of Catalonia, reinforcing that, for disinheritance to be valid, it is necessary to prove that the family breakdown results solely from the conduct of the heir, which was not the case in this case. Several testimonies confirmed that the relationship between father and son was good until the arrival of the new wife, with the father being the one who asked his son to stop visiting the house.
Furthermore, the court recalled that in a previous will, dated just two years earlier, the father had respected his son’s legitimate rights, which reinforces the idea that the subsequent cut was motivated by external reasons and not by the heir’s fault.
A case that could create precedent
Based on these elements, the Barcelona Audience upheld the son’s right to receive the legitimate share of the inheritance and rejected the stepmother’s appeal. Although the decision may still be subject to appeal, the ruling makes a clear principle: the simple absence of family contact is not enough to remove the legal status of a descendant, unless there is unequivocal proof that the removal was caused exclusively by him, in accordance with .
The sentence highlights the importance of proving guilt in removal and emphasizes that disinheriting is an exceptional measure in inheritance law, and must respect the legal limits of protection for direct heirs.
What if it were in Portugal?
In Portugal, a decision of this type would have a very similar outcome. The Portuguese Civil Code protects the so-called legitimate heirs, children, grandchildren and spouses, who are always entitled to a minimum share of the inheritance, even if the testator expresses a desire to exclude them.
Article 2166 of the Civil Code is clear: it is only possible to disinherit a child in exceptional cases, such as when he commits serious crimes against his father or prevents him from freely disposing of his assets. The mere lack of relationship or family separation is not, in itself, a valid basis.
If an identical case occurred in national territory, the Portuguese court would probably annul the disinheritance and recognize the son’s right to his legitimate inheritance, obliging the remaining heirs — including the new wife, to divide the inheritance in accordance with the law.
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