Disinheritance in Spanish legal system and the flexibilization of its causes

Abstract

The current health crisis caused by the SARS-CoV-2 virus has revived interest in inheritance law in general, and disinheritance in particular. The delicate situation to which old people have been subjected throughout the world, has introduced into the public debate undesirable situations, such as family abandonments. Disinheritance, in response to situations against the testator, has traditionally been a rigid institution, whose causes have been interpreted restrictively in accordance with a well-established line of jurisprudence. However, this rigidity seems to be changing to a more flexible disinheritance causes, in line with other regional and foreign laws, which raises the need for a legislative reform that harmonizes social reality and code. Throughout this graduation project we will learn about disinheritance and its basis, enter into its causes and also its effects. Because of the diversity of regulations in Spain, it’s necessary to take a look at the Spanish regional regulations and of course, foreign regulations. In a second part, we will address the judicial interpretation of the causes of disinheritance, especially in relation to a new jurisprudential turn occurred in 2014 and confirmed in 2015 about psychological abuse. Finally, we will try to know people’s opinion by analyzing a survey of more than 2,100 answers about disinheritance and other related elements, where seems to be a general need about its reform.