00:00In connection with a recent legal tip in which we developed a query relating to a will
00:06We have received several questions about that topic, wills.
00:10one of which we want to address on this occasion
00:19Three people tell us that they are nephews or were nephews of an aunt who recently passed away.
00:27Now they, given that there are apparently no other heirs
00:32They were going to open the corresponding probate proceedings
00:36and they were surprised to find that a will existed.
00:40in which she, his aunt, had designated as beneficiary
00:45to the person of a religious entity, they don't tell us which one it is
00:50whom she trusted and who supported her during the last years of her life
00:57even it would seem so in matters relating to the drafting of the will
01:03That person, who, we repeat, provided spiritual assistance to the aunt of our clients.
01:09She turned out to be a beneficiary in the will
01:12of a large quantity of the assets that the deceased person owned
01:16These three people then want to know
01:19if that distribution that your aunt made in the will
01:23which benefited the spiritual advisor
01:25is it valid or not?
01:27And if it isn't, what can they do?
01:29In this regard, then, let us say the following
01:32In accordance with Article 1018 of the Civil Code
01:36for a person to inherit
01:39She must be capable and worthy
01:41He is not capable when the law so declares.
01:46In that logic or within that sequence
01:49Article 1022 of the Civil Code then states
01:53who is incapable of being an heir of a person
01:58through a will
02:00that person who acted as confessor
02:04the one who made the will
02:07at the time of the testator's last illness
02:12or within the previous two years
02:14to the preparation of the will
02:17What does this mean?
02:19If that person who appears in the will of the consultation
02:23as a beneficiary
02:25was the one who assisted the testator in this case
02:29in his final illness
02:31obviously before making the will
02:33or within the previous two years
02:35to the preparation of the will
02:37he cannot receive the inheritance
02:40Why?
02:42Well, for obvious reasons
02:43because it is assumed
02:45who is that person's spiritual support
02:48It very likely played a role.
02:52in the will
02:53for the purposes of the way I wanted
02:56the deceased whose inheritance was to be distributed
02:59On this particular matter
03:01It is worth noting
03:02that in accordance with the judgment
03:05C-266
03:08from the year 1994
03:10of the Constitutional Court
03:12that inability
03:14that inability to inherit
03:16It is not only preached
03:18regarding the members of the Catholic Church
03:21that is, the priests
03:22but with respect to any member
03:26of any Church
03:28that supports
03:29as we already said
03:31spiritually
03:32to the testator
03:33So things are
03:34and in accordance
03:35with article 1023
03:37of the Civil Code
03:38our three consultants
03:40What they need to do is
03:42to demand the annulment
03:43of the will
03:45invoking
03:45the fact then
03:47about what
03:47who was the beneficiary
03:49through the same
03:50was the one who supported
03:51spiritually
03:52to her aunt
03:53in his illness
03:55when she made
03:56the will
03:57We hope we brought lights
03:59on this interesting topic
04:00and hopefully
04:01be useful
04:02for many people
04:03likewise
04:04as usual
04:05We appreciate it.
04:06to those who follow us
04:07bye
04:08bye
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04:18bye
04:19Bye bye.
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