July 25, 2024 | 2:57


TSJPV allows leaving children without inheritance in Bizkaia

Mairenis Gomez

June 20, 2024 | 10:00 a.m.

The Superior Court of Justice of the Basque Country (TSJPV) has issued a historic ruling that allows mothers to leave their children without inheritance in Bizkaia

In a recent ruling, the Superior Court of Justice of the Basque Country (TSJPV) has ruled that it is possible to leave a son or daughter without an inheritance. This ruling is related to the will of a widow from Bergara, mother of five children and who died in September 2016, who bequeathed the strict legitimate right to four of them and named an only daughter as heir. This case is a clear example of how interpretation of laws can significantly influence the distribution of an inheritance.

Context of the will and strict legitimate law in Bizkaia

Bergara's widow, who died in September 2016, left strict inheritance to four of her children and named only one daughter as heir. According to the ruling, the heiress went to the notary's office in 2018 and was awarded full ownership of her mother's home. This decision was questioned by two of his brothers, who appealed to the courts. Both the Court of First Instance number 1 of Durango and the Third Section of the Court of Bizkaia ruled in favor of these brothers. However, the TSJPV has upheld the heir's appeal and dismissed the brothers' claim.

The TSJPV considers that the circumstances of the will must be analyzed "in light" of the Basque Civil Law Law (LDCV), which was in force when the deceased died, and not according to the Civil Code. which in 2015 was replaced by the Basque Civil Neighborhood Law. The ruling highlights that the will of the testator was to remove the majority of her children, if this had been possible, or at least leave them the minimum that the law allowed.

Legal and social implications of the TSJPV ruling

This ruling by the TSJPV has important legal and social implications. Firstly, it establishes a precedent in the interpretation of the Basque Civil Law Law regarding strict legitimacy and the right of heirs. Secondly, it reflects how regional laws can have a significant impact on people's lives and family structure. This particular case shows that, although the law allows certain provisions, court decisions can influence the final distribution of an inheritance.

TSJPV supports leaving children without inheritance in Bizkaia

The importance of understanding the intentions behind wills in Bizkaia

In addition, The Court has emphasized that "the will of the testator was to separate the majority of her children." This detail highlights the importance of understanding not only the laws, but also the intentions behind the wills. The TSJPV ruling highlights that the mother tried to empty her inheritance of economic content so that her children would not receive even that minimum. These types of decisions can generate family tensions and conflicts, showing the need for clear communication and adequate planning in inheritance matters.

In short, the ruling of the TSJPV on this will in Bizkaia reminds us that the interpretation of the law can have a profound impact on family relationships and the distribution of assets. Understanding the Basque Civil Law Act and its application in specific cases is essential to avoid conflicts and ensure fair distribution and equitable inheritance. This case, in particular, highlights the complexity and importance of legal decisions in the daily lives of people in Bizkaia.

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