SUCESIÓN HEREDITARIA. LEGÍTIMA: MEJORA, REQUISITOS, VOLUNTAD INEQUÍVOCA DE OTORGARLA.

Abstract

Critical analysis of case law on the mejora, that portion of an inheritance under Spanish law that may, at will, be apportioned to any or all of the lawful heirs. Need for there to be an unequivocal wish to award it, even if the legal expression is not employed. Apportionment of the gift made to a daughter (recipient of a legitim) in excess of the legitim and the disposable portion, without the testator's having instructed that the mejora was to go to her.