Inheritance and estates
An appointed partitioner’s distribution may be rescinded for loss
The issue and the court’s approach
The court distinguished a testator’s own partition from one made by an appointed partitioner. The latter may be rescinded for loss exceeding one quarter, and the case was remitted to assess the alleged loss.
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Official source and identification
Supreme Court · Civil Chamber · STS 655/2026 · Appeal 5440/2021 · 2026-04-28
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.