Estate proceedings and successions: Protecting the Minors and the Incompetent

In estate proceedings there are people whose limited capacity has special provision by law that provides them a wide range of protection.  Thus, in the case of minors, it is sought that their interests be protected by the National Children’s Welfare office (PANI).

This is mandatory even though there is an eventual representation by the parents (in exercise of Parental Authority), as there may be cases in which the parents can also turn into co-heirs together with their minor child.  Here, you have a case where there is eventually a conflict of interests in which the interest of the child must be protected.

Estate proceedings that have minors or incompetent individuals must be processed before a civil court as an additional guarantee of objectivity in favor and protection of them.  The courts will oversee, evaluating the requests for the sale of goods in advance, or the distribution between heirs where the protection of the needs of minors is not considered.

The position of a minor in this sense, can be seen in a similar way to that of a creditor of the succession, where he has a rank of privilege and special protection. This will remain until they turn 18 (the legal majority), at which time they are free to make their own decisions with legal value.

The incompetent duly declared, find themselves in a similar situation.  The characteristic of the situation of vulnerability in their mental capacities grants them also the need to protect them.  To this end, it is the Attorney General’s Office, which assumes a role of reviewing the interests protected by these adults but with diminished capacities.

It is the task of the Executor during the process, to ensure the protection of the rights and eventual needs of these people.

If you have any questions please write me at ablanco@arturoblancolaw.com