The "bad children" will not have the right to inherit one euro from their parents. The Catalan government will modify the current Civil Code so that offspring who psychologically mistreat their parents do not receive even the legitimate inheritance, 25 percent of the assets, which were guaranteed if physical abuse was not demonstrated. This is a pioneering initiative in Spain, since the State Civil Code provides in its article 853 as "just causes" to disinherit the "abuse of work or serious injury", but does not explicitly indicate the "psychological abuse", as required to ABC sources of the Ministry of Justice.
The preliminary draft prepared by the Government contemplates other changes. In case of absence of children, the law will only reserve one eighth of the assets for each of the ascendants of the testator. This means that, unlike what happens now, if one of the parents dies, the other will only be entitled to half of the legitimate and not to its entirety. Also, the time for the claim of the legitimate will be shortened and will go from ten to four years, according to sources of Justice. The current regulations only contemplated the absolute deprivation of inheritance in case of physical abuse. The Generalitat also extends it to psychological damage with the purpose of "protecting their elders."
The current regulations only contemplate the absolute deprivation of inheritance in case of physical abuse. Now, the Generalitat also extends it to psychological damage with the purpose of "protecting their elders."
The preliminary bill prepared by the Catalan government to modify its Civil Code is in line with some previous pronouncements of the law regarding this issue. In 2014, the Supreme Court (TS) rejected the request of two brothers to invalidate the clause of their father's will, for which they were disinherited by psychological abuse. In like manner, the Provincial Court of Tarragona pronounced three years later in a similar case.
End the "impunity of the abusers"
In order to adapt the current Civil Code to these judicial precedents, the Generalitat has decided to move the record and put an end to the "impunity of the abusers", both physical and mental. According to figures provided by the Department of the Interior, last year Catalonia registered a total of 1,038 complaints of domestic violence to elderly people. That same year 113 people were arrested for this cause and 1,077, all of them over 65 years old and mostly women, were treated as a consequence of mistreatment by public services. So far in 2019, according to the aforementioned sources, there have been 260 complaints of domestic violence against adults and 20 people have been arrested.
How to do it?
The preliminary draft prepared by the Govern will guarantee for the first time parents the right to disinherit their children beyond physical abuse. Under the new legal framework, which will come into force when it is approved in the Catalan Chamber, older people will have the right to officially request that those children who have psychologically mistreated them in life have no right to the legitimate one. Suffice it to state it.
"They will not have to submit medical reports due to injuries and they will not have to be supported by any complaint," said sources at the Government. Simply by pointing out his will to disinherit his offspring, when he comes to reclaim his part of the patrimony as an heir, he must prove, if he wants to accede to it, that he has not psychologically mistreated the testator.
"There will be no inheritance if there is no respect," said the Minister of Justice, Ester Capella, announcing the measure a few days ago with the regional head of Social Affairs and Family, Chakir El Homrani.
«Without respect to parents there is no dignity. Children who psychologically mistreat their parents must know that they will not charge a euro. We can not trivialize any abuse, "concluded Capella.
According to data from the Public Safety Survey of Catalonia, psychological abuse accounts for 44 percent of the total abuse, followed by negligence (29 percent), property abuse (15 percent) and physical abuse (12 percent). . In half of the cases, the authors of the abuse are the children or other relatives. This circumstance explains, assure ABC sources of the Ministry of Justice, that only one out of every ten abuses is reported. "Many victims are afraid of reprisals, shame, feeling guilty about their level of dependence and an emotional bond with the perpetrators of abuse," the aforementioned sources of the Generalitat point out. (tagsToTranslate) disinherit (t) cataluna (t) children (t) abuse