The Barcelona Provincial Court has made an important judgment in Vilanova i la Geltrú in a case that has raised great expectations. Judge Inmaculada Zapata Camacho accepted the appeal filed by Carina, daughter and successor of Conrado, and annulled the order declaring her appeal inadmissible.
The trial began in March 2022 when Conrado filed suit usual procedure before his brother Ramón to declare the ineffectiveness of the disinheritance ordered by his father and to demand the legitimate rights of the mother and father.
However, after Conrado’s death on June 1, 2024, the Court of First Instance No. 8 of Vilanova i la Geltrú agreed to terminate the proceedings, arguing that the measures taken ““very personal” and therefore not transferable.
On October 8, 2024, Carina entered the process as her father’s successor and applied for the recognition of her status as heir and the continuation of the court proceedings with her. However, the court rejected his appeal on February 24, 2025, claiming that the attorney representing her was “not competent.” In view of this decision, Carina filed a lawsuit appeal appealwhich was analyzed by the regional court and submitted for voting and decision on October 16, 2025.
In her judgment the judge Zapata Camacho comes to the conclusion that the The inadmissibility is not justified and that the court had to deal with the appeal against the order of July 2024, clarified in November of the same year, in accordance with the provisions of Article 495-2 of the Code of Civil Procedure (Civil Procedure Code).
“The impugned order was final and ended the proceedings, therefore the court must correct the alleged lack of authority of the lawyer.” allow the complaint to be processed”indicates failure.
With this decision, Carina will be able to continue the process started by his fatherwho assert their inheritance rights and the nullity of disinheritance. In addition, the court orders the refund of the deposit paid by the complainant and sends a copy of the order to the court of origin for enforcement. The decision is final and guarantees that the daughter can act on behalf of her late father.
This ruling has major implications as it sets a precedent in situations where the inheritance rights of descendants may be affected continued despite the death of the original actor.
Legal experts point out that the decision undermines the applicability of the principle “very personal actions” against the legitimacy of heirs and strengthens the protection of inheritance law against strict legal interpretations.
“The case shows that procedural formalities, such as the certification of the power of attorney, cannot represent an obstacle for the heirs to claim their rights,” says a lawyer specializing in civil law consulted by this medium.
The proceedings will now continue before the Court of First Instance No. 8 of Vilanova i la Geltrú, where Carina can file her appeal and proceed Claim paternal and maternal legitimate rights what he thinks is appropriate.
The regional court makes it clear that the lawsuit is not limited to formal aspects and ensures that the heirs can defend the rights of their parents even if they died.
The case also brings to the table the importance of Procedural succession and how courts must balance the rights of heirs with the legal technicalities that can sometimes block access to justice.
The decision of October 20, 2025 has implications beyond this family by providing clarity on how appeals in proceedings involving the The original actor has passed away. The resulting case law could serve as a guide for future disinheritance and succession cases and prevent the rights of heirs from being conditioned by purely formal aspects.
According to experts, the ruling strengthens and ensures the protection of heirs No legitimate resource is blocked Due to legal technicalities, a relevant precedent was established in Spanish judicial practice.
With this decision, the Barcelona Provincial Court ensures that Carina can continue as Conrado’s successor the legal battle started by his father to demand the legitimate rights that he considers to be his right. The decision gives heirs the opportunity to intervene in “very personal” processes and guarantees that courts will prioritize substantive justice over form.
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