Supreme Court rules revised inheritance law applies to pending cases

The Supreme Court ruled on May 29 that revised Civil Act provisions excluding compensatory gifts from legal reserve calculations apply to cases pending when the Constitutional Court declared the old law unconstitutional. The decision ensures heirs who provided long-term care or contributed significantly to estate formation are not forced to return special benefits received from the deceased during ongoing litigation.

Under the previous statute, Article 1118 of the Civil Act did not extend exemptions for contributory heirs to legal reserve claims, creating a conflict with constitutional principles. The Constitutional Court addressed this discrepancy in an April 25, 2024 ruling, declaring the omission unconstitutional but allowing the old law to remain in force temporarily until December 31, 2025.

Legislators responded by amending the Civil Act on March 17, 2026, under Law No. 21454. The revision added a clause to Article 1008 specifying that gifts or bequests made as compensation for special support, such as cohabitation or nursing care over a considerable period, are excluded from the calculation of special benefits and the property base used for legal reserves.

While the amendment generally applied the new rules to inheritances opening after the Constitutional Court's decision date, the Supreme Court found this scope insufficient for certain pending matters. The high court reasoned that the intent of the constitutional ruling was to immediately remedy the infringement of rights for contributory heirs rather than maintain the unconstitutional state until the legislative deadline.

Consequently, the court determined that the portion of the old law failing to account for contributory shares is effectively suspended. For any case where the old provision served as the basis for judgment and was pending at the time of the constitutional decision, the revised statutes must apply regardless of the specific transitional dates outlined in the amendment.