CGPJ – Judiciary – Superior Courts of Justice – TSJ Andalucia Ceuta and Melilla – Communication Office – Press release archive

2023-09-19 11:40:00

Section 23 of the Provincial Court of Madrid has sentenced Pedro GR as responsible for the crime of misappropriation to six months in prison and a three-month fine with a daily fee of ten euros for having appropriated the money that Rosa Silvia CG was supposed to receive in concept of a family inheritance. The ruling of the sentence also establishes that it compensates the victim in 617,263.11 euros plus the corresponding legal interest from the date of the events.

During the plenary session at the regional hearing, it was considered sufficiently proven that the accused, a practicing lawyer, was legal advisor to Francisco Jesús CM, who was named executor, accountant and divider of the inheritance of his uncle Alberto C. In said will her granddaughter, the plaintiff Silvia CG, was named universal heir of all her assets, rights and actions.

After the deceased died on April 8, 2007, the aforementioned executor commissioned his lawyer Pedro GR to prepare the inheritance partition notebook. The inventoried assets amounted to a value of 2,188,563.33 euros, with the aforementioned deed stating the express will of the universal heir, Rosa Silvia CG, that Francisco Jesús CM, perform the executor functions entrusted by the testator. The inheritance had a liability of 42,242.17 euros, therefore the net value of the inheritance was 2,146,321 euros. Corresponding to the two children of the deceased, in payment of his legacy, by strict legitimate, the sum of 238,480.12 euros, to each one, and to the plaintiff as universal heir for the rest of the inheritance, the amount of 1,669,360 .88 euros, she was not aware of the partition notebook until years later when she obtained a copy from the notary itself, although she signed a draft prepared by the accused, knowing that the legacies of which her uncles were beneficiaries would be paid in cash, as stated in the aforementioned private document signed by the executor and the heirs, on July 24, 2008.

Absolute ignorance of the heiress

Thus, the now convicted man, in agreement with the executor and without the knowledge of the complainant, carried out the operations aimed at the settlement of the inheritance tax of the inheritance of the complainant’s grandfather, in October 2008, without the latter was aware of it, until he received notification at his home that it had been carried out. Surprised, she contacted her uncle, the executor Don Francisco Jesús CM, who informed her that the inheritance had been accepted, in her name by the accused Don Pedro GR, on August 1, 2008, without having the power to do so. , stating in the deed of acceptance of the inheritance that the representation was not accredited and without the acceptance of the inheritance by the plaintiff Rosa Silvia CG having been ratified. These testamentary operations were essential for the executor to dispose of the hereditary assets as he pleased, as he did, with absolute ignorance on the part of the universal heir.

The executor delivered two checks for the amount of 398,000 euros to the plaintiff on behalf of the estate, not having received the sum of 617,263.11 euros from her grandfather’s inheritance.

This resolution is not yet final and the corresponding appeal can be filed before the Civil and Criminal Chamber of the Superior Court of Justice of Madrid to challenge it.