by Josep Maria Reichardt 
The nobleman José María Olivar y Despujols passed away on February 19, 2018 without issue and his nephews inherited a fortune of about 40 million Euros. However, a 75-year-old woman from Malaga has filed a lawsuit to claim the inheritance alleging that it is her who corresponds since she is the daughter of José María Olivar due to a relationship he had with his mother in the 40s.
Given the impossibility of carrying out tests to contrast the plaintiff's DNA with that of the body of her alleged father, since he was cremated, and given the refusal of the nephews to provide their respective DNA, the Judge has ordered the exhumation of the bodies of the parents of José María Olivar from the family pantheon. The bodies of Carlos de Olivar y Olives and María del Pilar Despujol Pou were exhumed to perform the extractions that allow their DNA to be compared with that of the plaintiff.
The judicial delegation was headed by the judge of the Investigating Court number 1 of Ciutadella, accompanied by the court clerk, the prosecutor, the forensics, as well as the lawyer for the family and the plaintiff. The samples will be sent to the National Institute of Toxicology and Forensic Sciences of Barcelona to be analyzed. It is estimated that in a couple of months there may be a report that determines whether the plaintiff is the daughter of José María de Olivar, and based on this the judge will decide.
The term to claim an inheritance in Spain is 30 years, as indicated by the Civil Code, therefore the claimant is fully within the working period to do so, although it surprises everyone that she has not made this decision until five years after the death of his presumed father. In fact, it is possible to open a will or declare an inheritance Ab Intestate without them being present all the heirs, as would be the case.
In the event that the evidence shows that the plaintiff is the daughter of Caixer José María Olivar y Despujols, once the inheritance tax, would become the heir to his fortune valued at about 40 million Euros.
