Successions

The Supreme Court (TS) has resolved a fairly typical case in “stuck” inheritances , when an inheritance has not yet been distributed has not been divided shared ownership shared ownership Here, two daughters of the deceased

sued the widow sued the widow exclusively using a house that was part of the hereditary estate. What they were claiming was not that she left the house left the house sum based on the market rent market rent that —according to their argument— they could have obtained if the house had been rented out instead of being occupied. And they requested it for themselves, in their own name.

Both the court and the Provincial Court told them no , that they were missing "active legitimacy" active legitimation confirms that idea and explains it clearly, as long as the inheritance community inheritance community claim for themselves fruits , returns, or damages derived from the inheritance assets, because that affects the whole affects the whole Furthermore, the Supreme Court reminds that the Civil Code provides that certain adjustments between heirs (received fruits, expenses, and damages due to misconduct)

be dealt with "in the partition" . In disputes regarding donations and inheritances, our professionals can advise you on the defense of your claims and rights.