Execution – The court was asked to interpret a testamentary provision and as to the right of an adopted son to inherit from his grandmother under her will.
When a child is adopted under a full adoption procedure, the child is in the same legal position as a biological child of his or her parents in all respects, including property rights. Any interpretation of a will should endeavour to ascertain the testator’s intention without overlooking the importance of interpreting the testamentary provision in compliance with domestic law and the Convention. In this case the applicant had been discriminated against when the High Court in Andorra had interpreted the testamentary provision of the grandmother’s will as including only the biological sons (violation of Article 14 read in conjunction with Article 8 of the Convention).
Execution of the judgment
[2011] ECHR 1575, 69498/01
Bailii
European Convention on Human Rights 8 14
Human Rights
Citing:
Judgment – Pla and Puncernau v Andorra ECHR 13-Jul-2004
A will made by a widow in 1939, left certain property to her son Francesc-Xavier, as tenant for life, with a stipulation that he was to leave this inheritance to a son or grandson of a lawful and canonical marriage, failing which the estate was to . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Adoption, Wills and Probate
Updated: 28 November 2021; Ref: scu.519437
