Possible unconstitutionality of the Spanish Trustship as a mean of protection of people with disabilities

Abstract

Everything indicates that in the next few years Constitutional Court should pronounce about the constitutionality of the one of most important concept in succession law: the trusteeship estate. From the 2003 Spanish people with children or descendants with disabilities could protect them by the concept of trusteeship estate which authorized the encumbrance of the reserved portion of the deceased’s estate with a beneficiary substitution. This kind of trusteeship estate doesn’t exist in Germany, where it is stated that the descendants’ forced share is a constitutionally protected right, while in Italy trusteeship estate as a protection of tutors involved legislation of certain descendants since 1975.