Hereditary Community

The Supreme Court (TS) has ruled on a case in which some nieces sued their uncle for using exclusively for himself a apartment that belonged to the family inheritance, when the estate had not even been distributed. The plaintiffs argued that, although the uncle had a larger share by will, as long as the inheritance is undivided, all heirs have the same rights over all assets. The uncle, who was the only one living in the house, argued that his situation was protected by the wills and that he had been allowed to live there

even before the nieces' parents died, in addition to having a higher percentage of the inheritance. Nevertheless, the TS states that, even if he has a larger share, that does not entitle him to use the house exclusively for himself until the official distribution of the inheritance is made. The judges consider it crucial that, while the inheritance is "to be distributed", none of the heirs can

occupy the assets and exclude the others without the agreement of all. The ruling disapproves that, due to previous agreements or wishes expressed in the will, one of the heirs can automatically become "the owner" before the official distribution takes place. The only exception would be if the co-heirs agree on something different, which did not happen in this case. Therefore, the TS allows any heir to legally demand that the one who exclusively occupies the property vacates it, thus protecting the rights of all inheritance members until the distribution is official.

In inheritance disputes, our professionals can advise you on the defense of your claims and rights. any heir demands legally that the occupant of the property exclusively vacates it, thus protecting the rights of all heirs until the distribution is official.