Division of inheritance

In a procedure of inheritance division a discussion arose about what should be included in the inventory of the inheritance when some properties had undergone two significant changes , a land consolidation (which replaces some plots with others "replacement plots") and, in addition, a partial expropriation of part of those lands.

In reality, all parties were in agreement to include in the inventory the resulting properties after the land consolidation. The issue was whether the corresponding amounts for the compensation for the expropriation (already received or still pending) should also be included. The dispute stemmed, in part, from the fact that the will described the properties as they were before these changes.

The plaintiffs argued that the hereditary estate should include both the replacement properties and the money (or the right to receive it) derived from the partial expropriation. In contrast, the defendants They argued that these compensations were not "inheritance assets", but a credit right in favor of the heir to whom the affected properties were awarded.

In first instance that opposition was partially accepted and those items were left out. But in appeal the Provincial Court of Cantabria (PC) ruled in favor of the plaintiff, so they must be included in the inventory both the current properties and the expropriation compensation, received or pending.

The PC bases its decision on the Supreme Court's doctrine that compulsory expropriation does not "kill" the legacy , but transforms it. The right over the property becomes the right to receive the compensation (inheritable), and the inventory must reflect this to keep the estate intact and protect the correct settlement and the legitimate heirs.

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