Donations

The case deals with a family conflict that arises because a father gave one of his children a general power with very extensive powers. Among other things, that power allowed "to make and accept donations," and also stated that it should be interpreted broadly , even in situations of possible conflicts of interest and self-contracting.

Taking advantage of that power, the empowered son signed a donation deed for 19 properties in favor of himself and his siblings, equally and with waiver of compulsory portion , without the father's knowledge. The deed included a suspensive condition , the donation would not be effective until the father's death. Nevertheless, the properties were registered in the Property Registry in the name of the children as donees.

Everything happened in a moment of tension, the father had announced that he wanted to get married to a woman who had been working in his house since he was widowed and, moreover, a year earlier he had made a will leaving that woman a house, naming his children as heirs for the rest. The children opposed the marriage. Years later, the father found out about the donations.

When he found out (through his lawyer), the father recorded before a notary that he did not agree and that he had not consented , he revoked the powers and filed a lawsuit seeking the nullity of the donations and the cancellation of the registrations. Initially, he was not granted the reason, but the Provincial Court did, declared the donation null and void , ordered to cancel what was registered and to return the profits.

Finally, the Supreme Court (SC) confirms that decision , although the power was formally sufficient to donate, that does not prevent appreciating abuse if used against the real will of the father, for self-benefit (here, the attorney-in-fact and his brothers) without authorization, consent, or ratification. It concludes that the father's will was circumvented and he was left without real capacity to dispose of his properties.