The lack of family relationship: right causa of disinheritance?

Abstract

It is becoming more habitual the abandon of elderly inside their own family nucleus, which affects inheritance law and the legitimate institution: the debate arises about wether to recognize legitimate rigths to those who abandon the testator during the last years of his life, causing him sandness. However, jurisprudence is admitting psycological abuse as a cause of dishinreticance inherent in article 853.2 of the Civil Code, what has been included in the Civil Code of Cataluña. In this article we analize the evolution of the jurisprudence about the mistreatment of the testator as a cause of disinheritance in order to answer the cuestión: may abandon of ascendants become a disinheritance cause based on mistreatment in terms of the article 853.2 of the Civil Code?