Inheritance and estates
Partition without an omitted forced heir and bad faith
The issue and the court’s approach
The court upheld invalidity of a partition conducted in bad faith and harming an intentionally omitted forced heir. The preference for preserving partitions does not prevent invalidity when no adequate alternative exists.
Related dictionary concepts
Official source and identification
Supreme Court · Civil Chamber · STS 805/2026 · Appeal 6023/2021 · 2026-05-27
Original explanatory note based on the official Civil Chamber weekly summary. This is not a claim to have reviewed the full judgment. The English version is explanatory, not an official translation.
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General information on Spanish law. Application depends on the facts, applicable legislation and subsequent developments.