Legal grounds for psychological abuse ex iusta causa for disinheritance in recent jurisprudential doctrine

Abstract

With the realization of this jurisprudential study, our main objective is to delve into the existing doctrine on psychological abuse as a cause of disinheritance in accordance with the provisions of article 853.2 of the Spanish Civil Code and in light of the most recent Supreme Court sentence 267/2019. Civil Chamber, dated 05/13/2019. As we will have occasion to examine, in said ruling the Supreme Court confirmed that psychological abuse was included within the just causes to disinherit the children or descendants, by rejecting the allegations made by the disinherited children in their mother's will. It was also shown that both brothers engaged in behavior of contempt and family abandonment with respect to their mother and testator, without any justification and only attributable to them. In short, to disinherit means to deprive of the legitimate, by means of a testamentary provision of the deceased, any of the forced or legitimate heirs, and the aforementioned sentence reaffirms as legitimate said ex iusta causa of disinheritance of the descendants.