Sometimes, the provisions in a will regarding the distribution of a deceased person’s assets are not followed as the testator intended. This can create conflicts between heirs and legatees. Unfortunately, these situations are more common than one might think. In this week’s article, we discuss a real case of a legacy claim that our law firm successfully handled where the heirs failed to honour the deceased’s will. Our law firm achieved a favourable verdict for our clients, who will now receive their legacy exactly as stipulated in the will. You can read the full ruling by clicking HERE .
What’s the Difference Between a Legatee and an Heir?.
As explained in previous articles, the key difference between an heir and a legatee lies in what receives each one of them. An heir receives the entire estate of the deceased, whereas a legatee only receives specific items mentioned in the will. This distinction is critical when disputes arise over the delivery of legacies, as discussed further below.
The Specific Case: Legacy of Real Estate.
A person granted a will in which he left all his real estate to his nephews. For the remaining unspecified assets (bank accounts, vehicles, stocks, etc.) he named their wife as the heir. The conflict arose during the signing of the inheritance acceptance deed as the widow took possession and registered to her name one of the real estate assets (a beach apartment) instead of delivering it to the legatees. The result was a legacy claim filed by our law firm, on behalf of the nephews. Who sought to enforce the terms of the will and reclaim the property as specified.
Defendant’s Arguments: The Intent to Sell the Real Estate.
The defendant argued that the deceased had expressed his intention to sell the apartment before passing away. In fact, he had signed a sales contract with a buyer. Although the contract was eventually rescinded, and the deposit was returned to the buyer, it clearly showed the deceased’s intention to sell the property. Therefore, the other party argued the apartment lost its status as a “legacy” and should be awarded to the widow. This was based on Article 869 of the Spanish Civil Code, which states that if the testator sells the legated item, the legacy becomes void.
The Judicial Ruling.
Our firm argued that under Spanish Law (articles 609, 1.095, and 1.462 of the Spanish Civil Code, among others), for property to be transferred, two elements must be present: the Title and the Mode. In other words, there must be both a contract and the actual delivery of the property. In this case, the sales deed was never formalized, nor was the property delivered to the buyer. Therefore, the apartment never lost its status as a legacy and should be delivered to the nephews.
The judge supported our arguments and ordered the opposing party to pay the court fees. The apartment will be delivered to our clients, as per the deceased’s will.
Conclusion
At White-Baos Abogados, we specialize in Inheritance Law. If you find yourself in a similar situation (potential legacy claim for a legacy that has not been delivered to you), or if you believe your rights as an heir or legatee may have been violated, don’t hesitate to contact us. We will study your case and provide expert legal advice on the matter.
The information provided in this article is not intended to be legal advice but merely conveys information relating to legal issues.
Carlos Baos (Lawyer)
White & Baos.
Tel: +34 966 426 185
E-mail: info@white-baos.com
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