ANOTHER FANTASTIC SUCCESS FOR BZN LEX INTERNATIONAL LAWYERS: HIGH COURT RULES IN FAVOUR OF OUR CLIENT
There is no better way to finish the year than winning a lawsuit.
THE FACTS OF THE CASE IN A NUTSHELL: “de mortius res nisi bene” (“you must always speak well of the dead”)
The facts of the case are as follows: Our client, (the defendant in the claim) – hired our professional services because her sister (the claimant in the case), has unlawfully contested his father’s Spanish will. (UK national).
I ought to say that irrespective of the legal issues at stake. The claim was very unjust and hurtful for our client, as her sister had defiled the testator’s memory horribly accusing him of being mentally insane. Only because she was in a rage because the testator had legally disinherited her in his will.
However, after a fierce legal battle, justice has been served and the memory of my client’s late father has finally been honoured and fully restored by the court.
THE LANDMARK COURT DECISION
When a person dies, by Spanish law, certain relatives have compulsory inheritance rights: these are, in this order, the descendants, the ascendants and, in any case, the widow or widower.
The compulsory inheritance rights of these relatives prevent or limit the testator’s full disposition of his inheritance: the law obliges him to reserve a certain percentage of his property for his legal heirs and prevents him from leaving it all to whomever he wishes.
However, these provisions are not applicable when the testator makes a Spanish will expressly CHOOSING THE UK INHERITANCE LAW (for example the UK LAW), to govern the Will. Therefore, in our client’s case, the Spanish inheritance law does not rule at all. Subsequently, the principle of freedom of disposition applied to mean that our client was free to appoint the legal heirs of his own choosing.
In a nutshell, the Torrevieja Court has correctly ruled that the claimant (our client’s sister) has no valid claim and that the testator made a totally legal Spanish will. In full capacity and compliance with the regulations and the law. Consequently, the Court of the first instance of Torrevieja (Alicante), has rendered a very sound and well-drafted decision, ruling in favour of our client!
OUR LAW FIRM
Dual Spanish and English solicitor Mr Oscar Ricor, founder of the law firm BZN LEX INTERNATIONAL LAWYERS, (https://bestsolicitorsinspain.com/). Who has been fighting the case for more than 2 years is very satisfied with the judgment: “The Court’s decision is solid against the defendant, and totally fair in its reasoning, so I am glad to say that after a long legal battle, justice has finally been served”.
The Torrevieja court declares that the claimant is acting illegally and in contravention of the Spanish, English and EU inheritance Law provisions. As a consequence, our client has won the case, while her sister has totally lost with the imposition of costs.
HOW TO CONTACT US FOR FURTHER SPECIFIC ADVICE?
We hope this information is useful. Remember that this is not intended to be specific legal advice, just a general overview. As independent lawyers, we can help you both by assisting you with all inheritance & will controversy issues; as well as preparing or updating your Spanish will if required.
Should you be interested in receiving more specific information, (either about this particular subject or any other), you can contact our firm in several ways:
1. Call us or send us a WhatsApp now at (0034) 687 88 88 73.
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Finally, thank you very much for your attention, and in case you might have any questions or doubts at all, again please do not hesitate to contact us. We will be glad to help you!
We look forward to helping you and the benefit of our “know-how”.
Mr Oscar Ricor
“NON-PRACTISING ENGLISH SOLICITOR IN ENGLAND AND WALES”, under the “Solicitors Regulation Authority” (SRA) SRA number 519196 and practising Spanish Solicitor