Defensor judicial

If there is a conflict of interest, a “judicial defender” should be appointed

If a minor is a beneficiary of a inheritancen they will be represented by both parents. If there is a conflict of interest with one of them, maybe because it is the succession of a grandparent, they will be represented only by the other parent.

If the conflict of interest exists with the only surviving parent, maybe because it is the inheritance of the other parent, a so called “ defensor judicial” must be appointed.

The appointment must be made by the court of the domicile of the minor, or in other case, the court of their residence or in other case, the court before which the inheritance will be held.

Any one interested can start the proceeding in which the minor will always be heard if they are over twelve years old, also the Ministerio Fiscal, also other persons who the court secretary will wish to hear.

The court secretary will appoint the person who they consider the most appropriate for the task.

The role is unpaid, the defensor judicial must make an inventary and keep an account of the proceedings undertaken, the same as if they were a legal guardian