The challenge
Can a will be challenged on grounds of mental incapacity when the testatrix alternated between periods of lucidity and confusion — and two specialist psychiatrists certified her capacity on the day of signing? Our client was involved in a complex international inheritance dispute. The opposing party sought to have a will declared null and void, arguing that the testatrix — a foreign national residing in Málaga — lacked testamentary capacity at the time of signing, given that a prior court declaration of incapacity existed.
The case was further complicated by the fact that the deceased had experienced alternating periods of lucidity and confusion as a result of a serious oncological condition. The court of first instance had upheld the claim and declared the disputed will invalid.
Our approach
We appealed before the Málaga Provincial Court, building our defence around two main arguments.
First, we demonstrated that testamentary capacity must be assessed at the specific moment the will is executed — pursuant to Article 666 of the Spanish Civil Code — and not by reference to a prior general declaration of incapacity. We proved that, on the date of the will, two specialist physicians had examined the testatrix and formally certified her full capacity, as required by Article 665 CC in such cases. Clinical records, medical testimony and the notary's own account confirmed that the testatrix was alert, oriented and acting with full will and understanding.
Second, we addressed the private international law dimension of the case. Given that the deceased was a Dutch national and the claimant a German national, we applied Article 9.8 of the Civil Code to determine the applicable succession law, and Article 9.2 to identify the law governing the matrimonial effects. We established that under Spanish law — applicable as the law of the habitual common residence — a spouse who is de facto separated holds no forced heirship rights, pursuant to Article 834 CC.
Outcome
The Provincial Court upheld the appeal in its entirety, overturned the first-instance judgment and dismissed the claim, declaring the disputed will fully valid. Court costs were awarded against the claimant.