In the last times, We have been able to observe a greater number of wills in which someone who is legitimized is disinherited. Definitely, It is because jurisprudence has made the causes of disinheritance more flexible, Specifically we refer to the cause of section 2 of the article 853 of the Civil Code, which textually says: “There will also be fair causes to disinherit children and descendants, … 2nd having mistreated it seriously or injured by speech. ”
And by the purpose of said article, The Supreme Court, Room of the Civil, In Judgment No. 2484/2014, dated 3 June of 2014, (criteria followed and repeated in subsequent sentences) understood including psychological abuse as a cause of disinheritance, referring to a "Emotional abandonment" of the descendants with respect to the testator, What should be; grave, What entails being continued in time; actual, that is to say, that has not mediated reconciliation; and that is unilateral, that is to say, That the situation of familiar incommunication is not reciprocal.
Now well, in practice, It is important to note that much of the wills in which the disinheriting of some legitimary is ordered do not prosper, causing a problem not only for the disinherited but also for the heir. This is so, By investing the Civil Code (art. 850) The load of the test, so that it will be the defendant heir who will have to prove the certainty of the cause of disinheritance. It is not enough for the testator to consider the cause as a certain, because this manifestation of the testator creates a presumption of veracity or reality that does not even have the presumption value iuris tantum, because this presumption yields as soon as the disinherited is not formed that the cause is presumed to be true, being obliged the heir demanded to demonstrate his truth.
