The recent opening of the will of businessman Fernando Fernández-Tapias has revealed a major surprise: the disinheritance of his five oldest children, born from his marriages with Victoria Riva de Luna and Juana García Courel. This decision, based on accusations of "psychological abuse" and published by El Mundo, has shaken the foundations of the family and has unleashed a legal battle around a fortune estimated at 3,000 million euros that no one wants to reject.
The businessman's widow, Nuria González, has turned out to be the main beneficiary of the inheritance, having received two thirds of it. In this context, a crucial question arises: is it possible in Spain to completely disinherit a child?
Spanish law allows disinheritance, but only in extreme cases and always respecting the legitimate third, a part of the inheritance that must be distributed equally among the heirs. In this case, Fernández Tapias left the third of the legitimate share only to the two youngest children, excluding the five oldest.
The litigation centers on whether the older children, deprived of their inheritance, can successfully challenge the will. According to jurists, they have the right to do so and appeal courts usually recognize their right to a share of the inheritance. However, the law only allows disinheritance in situations of duly proven abuse. In this case, it would be psychological abuse.
The oldest children of the Galician shipowner are willing to go to court to claim their share, while Pilar Vidal, citing sources close to the family, has indicated in And now Sonsoles that there could be witnesses and perhaps video evidence of the alleged mistreatment. about which Fernández Tapias complained.
The situation is more complex due to suspicions of irregular movements in the accounts of one of Fernández Tapias' companies by these children, which could have influenced his decision to disinherit them. Added to this is the complexity of assessing details such as the date of signing the will and its relationship with the lawsuit in which the children sought to disqualify him.
In addition to the question of the part of the inheritance, the Puerta del Hierro house is also at stake, which was donated to Nuria González in 2017 and which the eldest children intend to include in the distribution of the inheritance. This property, together with the valuable objects it houses inside, including works by Picasso, could significantly reconfigure the distribution of the inheritance if it is considered part of the heritage.
In this complex scenario, it seems that the two sides are going to have to face each other in court. However, the widow is clear that she wants the Galician businessman's last wishes to be respected: "As he wanted, so I will do it. I will fulfill his will."
