Succession law

A daughter had been disinherited by her mother in the will, alleging as a reason physical abuse or serious insults by word. Over time, when the mother already had significant cognitive impairment, the daughter came back to be close to her and provided care . After the mother's death, the daughter sued to have it recognized that there had been a tacit reconciliation (that is, without signing anything and without expressly stating it) that should annul the disinheritance , and requested to inherit equally with her sister. As an alternative, she requested that the cause of disinheritance be declared unjust to, at least, preserve its legitimate.

The other sister opposed, arguing that this supposed reconciliation was not valid to render ineffective what the will stated. Both at first instance and on appeal the claim was dismissed , and the daughter appealed in cassation, but the High Court of Justice (TSJ) of Galicia also dismisses the appeal .

The TSJ explains that the reconciliation , although it has a "social" component, here also functions as something similar to a legal transaction because it has a very serious effect, neutralizing a testamentary clause. And since the will is a formal and solemn act, the reconciliation that aims to produce succession effects requires a formal legal act , bilateral and reciprocal, not being enough ambiguous or passive behaviors like "being", "accepting" or receiving care. Furthermore, in this specific case, the TSJ highlights that the mother did not have sufficient legal capacity due to her health condition, so it cannot be interpreted that accepting the presence the daughter's share equates to a true willingness to reconcile .

According to the TSJ, the safest way to invalidate a disinheritance would be for the reconciliation to be expressly reflected in a new will new will or, exceptionally, in an equally formal document. It even opens the door to an express reconciliation in private document if it is unequivocal and clearly reflects the deceased's will, but rejects , except in very specific cases, the existence of "other tacit forms other implicit ways " based on behaviors or a series of acts.

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