Succession rights

The Supreme Court (TS) has resolved a curious case about an inheritance in which one of the siblings tried to exclude his "sister" from the distribution, alleging that she was never formally adopted. The situation is as follows: the family welcomed a girl and treated her as a daughter for over 70 years. Both in daily life and in important documents, such as previous inheritances and notarial declarations, everyone recognized her as a daughter and heir, including the brother who now challenges her.

The problem arose when the mother passed away and it was time to divide the inheritance. The brother, who had always accepted the sister as such, changed his mind and wanted the law to be strictly applied, leaving the sister out because she was not officially adopted. However, the courts did not agree with him. Both the court of first instance and the Provincial Court considered that the brother was acting against his own actions, since throughout his life he had acknowledged the sister and now, for economic reasons, he intended the opposite.

The Supreme Court confirms this position and highlights that in law there is the so-called "doctrine of estoppel", which prevents a person from acting in a contradictory manner to what he has done for years, especially if it has generated trust in the other party. In addition, good faith and decades of family coexistence were considered. Therefore, even though there is no adoption paper, the sister continues to be an heir because everyone has recognized her as such throughout her life, and one cannot change their mind only for economic interests.

In inheritance disputes, our professionals can advise you in defending your claims and rights.