Inheritances are often accompanied by headaches. They can cause family disagreements or anger, some for life. It would not be surprising if this were the case of two brothers from Vimianzo (A Coruña) who have been in full litigation for four years over the partition after the death of their mother, reveals La Voz de Galicia.
The woman was cared for by one of her two children until she died due to Alzheimer’s in 2020. Shortly after, they proceeded to open and read the will, written in 2006. It specified that half would be distributed 50% and the remaining The other half was destined for the first-born who had taken care of her and her husband.
The son who took care of the mother claimed his part of the legacy, 50%, and the other half of the assets, farms and a house, also had to be distributed 50% between the two, which left a division established at 75%. 25%. This percentage did not satisfy the injured brother and he challenged the document based on the literal nature of the clause that indicated that this division had to be like this as long as the mother and father were taken care of until the day of his death.
A court of first instance agreed with the one who had come out worse off in the distribution by considering that it was not proven that the brother who did take care of his mother also did so with his father. The defense of the brother caregiver appealed the sentence before the Provincial Court. His arguments were based on the fact that the mother’s last wishes had not been fulfilled and that her client was the one who had been by her side until the end. He considered that the clause had to be understood in its essence and not in its literality.
Even so, justice maintains that the care of the father, who died years before, is not proven, which is why they agree with the other brother. Faced with this second judicial setback, now the only thing left to do is file an appeal.
