Invalidity of will claim

A person’s succession must be governed by his true and last will, which is why the law determines the nullity of those wills that do not reflect the true will of the deceased, either because

  • The forms required by the law have not been observed 
  • The testator did not have the legally required capacity to make out a will, due to inability to understand the scope and transcendence of the act of drawing up, in this case, a will
  • The testator was not free to make out a will because he was maliciously induced to make that will (defect of consent), etc.

Although the Data Protection Act (LOPD) prevents persons who have not been named as heirs from having access to the medical history and other medical reports of the testator, it will be possible to obtain this information by way of a court of law.

The Department of Proceedings of GABARRÓ ADVOCATS –HERÈNCIES-  analyses the possible nullity of wills from the perspective of people who consider their rights to have been undermined and who seek to have them recognized, and also, from the opposite perspective, defends the heirs or those favoured in the inheritance who deem  the will to be valid and who are being sued.

More services

Judicial procedure for modification of legal capacity (incapacitation)

In cases where there is no option but to incapacitate our nearest and dearest

Wills

It shouldn’t just be a will, it should be a good will.

Obtaining the documents

Documents which are strictly necessary in order to process

No will

When a will has not been drawn up, the Law determines the heirs

“Portio Legitima”

How much is it? How and when must it be paid? Can an heir be cut off?

Managing the inherited estate

Managing the estate correctly is crucial

Preventive notarial documents

In lieu of the judicial procedure for modification of legal capacity