A man loses his late wife’s inheritance for breaking a promise not to go with another

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The Provincial Court of A Coruña cancels the status of heir to a man for breaking the last will of his wife: not to mate with another person. The man will now have to return to his brothers-in-law all the assets that, in his day, corresponded to him from the will of his wife for living more than 25 years with another woman, with whom he never got married.

The late wife, with whom he had no children, wrote in his will in 1975, 20 years before his death, that the inheritance would correspond to her husband under the condition that he did not remarry or live together once he died. . Otherwise, you would lose the status of heir, as has happened.

After a court ruled in favor of the husband considering him the heir, now a new court revokes the sentence with a new resolution Which collects diary, and agrees with the sister of the deceased after several years of legal struggle. The judges now oblige him to restore the inheritance to his ex-brothers-in-law, leaving him only the usufruct of the “vidual fee”, which is his by law.

The evidence, according to the sentence

According to the court brief, the evidence “proves the existence of an affective relationship with a conjugal appearance, with a habitual and stable character, maintained for many years.” In addition, it points out “the fact that they have led a life in common and have lived in the same home, until her death, on September 27, 2016, so that both behaved socially as a couple and with the appearance of a marriage”.

Meanwhile, the aforementioned points out at all times that both had a relationship of “cousins.” However, according to the court, this is not supported, since after her death the man’s name was included in the obituary preceded by two words: “her husband”. In addition, the tombstone is written “in memory of your husband.” According to the magistrates, it is not credible that the woman’s family recorded those words in relation to her first husband, who had died more than 30 years ago.

The man responded to these events stating that “it seemed very cold to him to be a cousin and that the closest thing to the deceased that occurred to him was a husband.” But he did not convince the judges. However, the resolution is not final and the man can still file a cassation appeal with the Supreme Court.


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