The doctrine of estoppel in inheritance relations: nullity of the notarial deed and limits to the challenge by the party who granted the legal situation

Abstract

This paper analyzes the dismissal of a claim for annulment of a notarial declaration of heirs in a case involving a biological son and an adopted daughter whose adoption was never legally formalized. The ruling examines the effectiveness of the doctrine of estoppel as a limit on challenging inheritance claims. Specifically, it highlights the plaintiff’s prior conduct, who not only initiated proceedings to have the defendant recognized as an heir of their shared father, but also accepted the inheritance on those terms and subsequently facilitated her inclusion as an heir of their mother, reiterating this acceptance. This sustained conduct created a consolidated legal situation that, according to the doctrine of estoppel, prevents any subsequent challenge to the detriment of the other party. The study underscores the role of this doctrine as a tool for protecting legitimate expectations and guaranteeing legal certainty, particularly in the context of voluntary jurisdiction proceedings and notarial public faith. The ruling also considers the relevance of conclusive conduct in shaping inheritance rights and the limits to reviewing previously agreed-upon situations.

Ultimately, the ruling confirms that the express and repeated acceptance of a particular inheritance arrangement, even in the presence of possible formal irregularities, can preclude its subsequent challenge when the challenger’s conduct is unequivocally contradictory.