Succession

A man left his inheritance to the two children he had within his marriage . In the will, he did not mention another daughter of his, born out of wedlock . Years after his death, a ruling confirmed that the woman was also his daughter . By then, his brothers had already divided the inheritance among themselves without including her.

The brothers accepted that this woman had the right to receive a share , but they wanted to calculate it based on the value of the assets that appeared in the deed with which they had made the division. The woman requested that her right be recognized and that it be done a new partition . The first court ruled in her favor regarding her share of the inheritance, although it upheld the distribution already made. A court of appeal annulled it and the brothers took the matter to the Supreme Court (TS).

For the TS, it was not just about the woman being excluded. When the brothers divided the assets, they knew that a trial was underway to determine if she was her father's daughter. In fact, they signed the partition just two days later after responding to that lawsuit. There was also no urgency that explained such haste; they simply divided the assets equally.

There was also a striking difference in the figures . One property was valued at over 2.1 million euros in the inheritance tax documentation, but in the distribution deed, its value dropped to 604,125 euros. The brothers did not provide a satisfactory explanation for that change. The TS considered that, given all these circumstances, there was bad faith and confirmed the annulment of the distribution.

That does not mean that the woman will receive the same as each of her brothers. According to the ruling, she is entitled to the strict legitime , which in this case amounts to a ninth part of inheritance. For the TS to discuss the value given to assets that were included in the distribution is not the same as discovering assets that were left out.

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