What is an action to recover inheritance and when can we bring it?
An action to recover inheritance is defined as the right that protects an heir’s inheritance rights when these are disputed. This action is a negative action, i.e. it obliges the defendant to return the inherited property to the plaintiff.
Instead of a negative action to recover inheritance, it is also possible to bring a declaratory action to recover inheritance, requesting either the recognition of the plaintiff’s inheritance right and the recognition of the obligation of the defendant, the owner of the inheritance, to return the inheritance or its objects, or only the recognition of the inheritance right to the inheritance or its objects, provided that the action invokes that the defendant is withholding the inheritance or its objects.
Furthermore, an action for inheritance is distinguished by its universality, since it concerns all objects of the inheritance, regardless of type or value. An action for inheritance may be brought by any heir, i.e. any person who has a right to an inheritance. This right is acquired either by legal succession or by will. Therefore, the lawsuit may be brought by intestate heirs, testamentary heirs, and heirs based on another inheritance relationship.
In order to bring the lawsuit, the inheritance must first be settled for tax purposes.