Successions

A Catalan heir went to court because he believed that the testator, his mother,was not in a condition to make a will and that there had beendeception in the process. In addition, subsidiarily, he requested aninventory of the assets and that the legacies (the amounts or assets that the deceased left to other people) be reduced to guarantee at least what the law considers as the "essential minimum" or fourth falcidia, which is a figure ofCatalan Law that protects the share that a forced heir must receive.

The heirfiled his claim almost 4 years after the death of his mother. In the meantime, theprofessional valuation of the assets was not carried out until two years after the death. However, the law requires that, if the heir wants toensure his fourth falcidia, he must make the inventory within the6 months following that the inheritance is opened, that is, from when you know you have inherited.

Theother beneficiaries(another daughter and the deceased's brother)opposed, stating that this requestwas too late and that the value of the assets had to be calculated at the time of the testator's death, not when the reports are made.

The Provincial Courtrules in favor of the defendants, denies the reduction of the legacies because the heirdid not meet the legal deadline of 6 months to formalize the inventory. It does not matter when the professional appraisal was made, because from the moment theheir read the will he could already assume if the legaciesexceeded his share by law. In addition, the court states that ifjustifying the delay were allowed by looking at when the valuation is done, the deadline would depend entirely on the heir's will.