Conflict of interest in the legal representation of minors in an inheritance

Abstract

The exception to the legal representation of minor children by parents (art. 162 CC) only applies when there is a real conflict of interests, defined as a situation in which the interests of the representative (parent) have a significant advantage over those of the represented (minors); in other words, the exception is not triggered by the mere possibility of a hypothetical conflict, but when a direct and tangible detriment to the interests of the minor can be demonstrated.

The mere hypothetical danger or the mere assumption that a conflict could occur if circumstances not proven in the file in question occur is excluded from the assumption provided for by the rule.

On the other hand, the assessment of the non-existence of a conflict cannot be made by the representative of the minor or the disabled person himself, but requires the appointment of a legal defender.