What happens if you don't know you have multiple heirs? the will is not always valid

Wills can end up being unexpected traps for those who make them and endless procedures for those who receive them. When a person is unaware that they have several forced heirs, the will can literally be worthless paper.

The law establishes that if an heir who should be taken into account is left out without the testator being aware, the testamentary provisions are considered non-existent. This creates a legal mess that conditions the entire succession process.

Preterition: ignoring those entitled to inherit

What is preterition and how is it detected?

Preterition is the involuntary or intentional omission of a forced heir in a will. This heir, by law, is entitled to receive a minimum portion of the inheritance, called the legitimate portion. When they do not appear in the will, they are considered to have been preterited.

This situation usually arises when the testator is unaware of the existence of an heir or forgets to include them, something that often happens in families with changes or pending legal recognition situations.

Differentiating preterition and disinheritance

Preterition is not the same as disinheritance. The latter implies that the testator expressly excludes an heir, while preterition is an omission that may be accidental or intentional but not explicit.

For example, when an unknown child appears after the will has been made, this child does not figure as an heir and their exclusion is not voluntary.

How does the law act regarding preterition?

When preterition is intentional

If the testator knew of the heir's existence and knowingly left them out, the law does not leave this heir unprotected. The portion of the inheritance that corresponds to them, the legitimate portion, must be respected.

This implies reducing the shares that had been granted to the other heirs or even modifying legacies to guarantee the minimum legal quota.

When preterition is unintentional

If the testator was unaware of the existence of one or more forced heirs, the will may be annulled in the patrimonial part. When all forced heirs are forgotten, the testamentary provisions are eliminated as if they never existed.

This means the succession will be governed as if there were no will, applying intestate succession according to the civil code.

Practical cases and recommendations to avoid conflicts

Omission of one heir among several

If only one heir is left out among several recognized, the will is not discarded but adjusted. The shares of the other heirs are reduced to respect the legitimate portion of the omitted one, and other provisions are modified if necessary.

This requires recalculating the inheritance and may generate disputes and significant delays.

Why review each will before distribution?

A poorly made will or one that does not consider all heirs can block the estate for years. Claims from preterited heirs questioning the validity of the will are common.

That is why it is key for specialized professionals to analyze each case before starting any procedure, avoiding surprises and lawsuits that can shake what seemed a clear distribution.

If the legitimate portion is ignored or an heir is left out due to ignorance, the will cannot be executed as planned, and the process will be much longer and more costly.

Wills serve to arrange the estate, but when rights protected by law are left out, the testator's will becomes secondary.