Successions

In a procedure to carry out an inventory and judicially divide an inheritance, a daughter requested that expenses and effort dedicated to the personal care and attention to her father before his death be included as a debt of the inheritance . Her argument was simple, if instead of caring for the deceased herself a third party had been hired , they would have had to be paid, so she believed that the inheritance should "compensate" her . The other heir objected. The court of first instance rejected that request and, upon appeal, the Provincial Court confirmed the decision. The

central idea of the court is that children have a legal and moral obligation to take care of their parents when they are in need, covering of taking care of their parents when they are in need, covering Basic issues such as food, housing, clothing, and medical assistance (CC art. 142 and 143). But, according to the Court of Appeals, that does not automatically create a right to reimbursement that could be included in the "liabilities" of the inheritance as if it were an outstanding invoice.

The court distinguishes between child support (an economic obligation) and personal care (companionship, assistance, daily care), which it sees as more linked to reciprocity and family solidarity , even with possible legal consequences if breached.

However, the ruling clarifies that there could be some type of compensation charged to the improvement third or the freely disposable third if there was an agreement (even if verbal) or a provision in the will. In this case, none of that was stated, and furthermore, the claimed item was not even determined or quantified.

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