Andorra la VellaA man sued to be released from a clause in his great-uncle’s inheritance. The will included the prohibition of selling, mortgaging, alienating and leasing for periods exceeding three years the inherited property. The judicial request was based on the fact that the clause has no place to be there indefinitely.
The will stated that “if my sister xxx predeceased me or in any other way could not get to inherit me, I vulgarly replace her with her grandson and my nephew xxxx who (.…) 1a.- will not be able to sell or mortgage or in any other way alienate the property coming from my heritage. Nor can they be leased for periods exceeding three years. 2a.- He will have to pay the legacy set out in the third clause. 3a He will be able to take direct possession of the inherited property, both the house I live in (…) and the rest of the inheritance, without any kind of judicial authorization (…)”.
Third generation, excluding mine
Another clause stating that “the movable and immovable property inherited by my sister (…) will be encumbered with a trust consisting of the fact that, upon her death, they must be transferred in full to my nephew Guillem Janer Moreno, as long as he is a person of good conscience and that has respect for family life, which will also be affected by the prohibition of selling, mortgaging or in any other way alienating the goods from my inheritance and will also not be able to lease them for periods of three years, limitations that I want to be valid until the third generation excluding mine”.
The nephew wanted the clause to be voided and to be able to sell, but both the ordinary courts and the TC have rejected his request to void the clause. It is sent to an ordinary legal process where there are also other people who may have an interest in the cause.