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Challenging A Will On Grounds Of Incapacity. What Families Should Know. Case Win.

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Every person is presumed to be of sound mind, unless proven otherwise. Credit: PeopleImages/Shutterstock

It is one of those moments that catches families off guard. A relative passes away, the will is read out, and suddenly not everyone finds themselves where they expected to be. For some, the instinctive reaction is to assume something must have been wrong. That the person who signed it surely was not thinking clearly. But proving that in court is another matter entirely.

Our law firm recently handled a case along these lines. A woman had left her estate to one of her nieces, the relative she had grown closest to in her final years. Other family members, who had featured differently in a previous will, argued that she had not been of sound mind when she signed the final version. It is an understandable instinct. When a will surprises us, it is tempting to look for an explanation. But Spanish law sets a high bar for turning that suspicion into a successful legal challenge.

What our readers need to understand is that the starting point is a presumption. Everyone is assumed capable of deciding what happens to their own estate, and a Notary’s involvement in the signing carries real weight. Overturning that presumption takes more than a general impression that someone “was not quite themselves.” Courts want to know, specifically, what the person’s mental state was like around the moment they signed. Not months before. Not months after.

That distinction mattered a great deal in our case. A cognitive assessment taken shortly before the will was signed showed only a mild impairment. It was only weeks later that a more serious diagnosis followed, along with a rapid decline in health. The court accepted that this kind of illness can stay mild for some time before worsening suddenly, meaning the calmer period beforehand did not necessarily coincide with any loss of capacity. On top of that, so much time had passed since the death that the claim itself had run out of time to be brought at all. The full judgment in available in our website.

For families weighing something similar, the lesson probably is not to abandon a genuine concern. It is to understand, early on, whether the timing and the evidence support it. At White-Baos Lawyers, we have represented both sides of disputes like this one. Those defending a will, and those questioning one. If you find yourself in either position, reach out to us, today.

You may be interested in the following services and articles:

Access to medical records of deceased persons. Inheritance. Rights of the heirs. Contesting a will due to lack of capacity. Expert legal advice.

Contest, Challenge or dispute a Spanish Will as per the regulation 650/2012

Contest a will for lack of capacity. New judicial success. Legal advice.

Carlos Baos (Lawyer)

White & Baos.

Tel: +34 966 426 185

E-mail: info@white-baos.com

White & Baos 2026 – All Rights Reserved.

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Calahonda’s Footballers Fight Against Cancer

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The local community are coming together in force in Calahonda this September for a really great cause. Real Calahonda Walking Football Club have joined up with Millenium Cocktail Bar to host their annual fundraising event. Scheduled for Saturday, September 26 at 6:30pm, this wonderful gathering brings together live music and community action all in aid of the Spanish Association Against Cancer (AECC) in Malaga.

An evening full of music and taking to the microphone

Entertainment seekers and music lovers can look forward to a wide range of local vocal talent throughout the evening. Popular favourites from along the coast such as performers Mark F, Soul Survivor, and Tony Capo will take to the stage to keep the crowds singing and dancing into the night. Anyone brave enough can take the microphone during the evening for a charity karaoke session, become a star for the night for a great charity. Entry cost is just a €5 donation, not much for an evening line up of such talent.

Supporting the cause further through auctions and raffles

Organisers are requesting contributions from local businesses and individuals to maximize fundraising totals. Anything donated is gratefully recieved and will be drawn during the grand prize raffle, along with other items set to be auctioned off to the highest bidder on the night. Anyone wishing to donate items can send a message directly to the Real Calahonda Walking Football Club via their Facebook page.

Tickets can be booked online via the football club’s official social channels or purchased directly at Millenium Cocktail Bar in Calahonda. Gathering with friends for great live entertainment is a fun and easy to back life-saving medical research. All proceeds gathered through ticket sales, prize draws, and bidding wars will fund cancer research, patient care assistance, and regional prevention programs managed by the AECC.

Head along to Millenuim Cocktail bar on Saturday, September 26 and make a difference.

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Lidl Puts Cabless, Driverless Lorry On German Roads As Spain Watches

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There is no driver or safety operator sitting inside the vehicle. Photo credit:Shamatha Pictures / Shutterstock.com

If you shop at Lidl in Spain, there is a good chance you have never given much thought to how the products on those shelves actually get there. Behind every supermarket is a huge delivery operation, with lorries constantly moving goods between warehouses and stores. But Lidl has just started testing something in Germany that could eventually change the way some of those journeys are made.

Even though the experiment is taking place elsewhere, it involves a major change to the way Lidl moves its products, and the results could be worth watching for anyone who regularly shops at the supermarket.

Lidl is testing a very different kind of delivery

The German trial involves a cabless electric truck that drives itself, operating on public roads between Lidl’s distribution centre in Edermünde, near Kassel, and a nearby store. There is no driver or safety operator sitting inside the vehicle and the truck operates at SAE Level 4, allowing it to drive autonomously within the conditions covered by its official approval. This is not a closed-course demonstration, the vehicle is literally carrying Lidl’s goods as part of an actual delivery operation.

It can transport 15 Euro pallets and make up to three trips each day. During the four-month project, Lidl expects more than 3,000 pallets to be transported using the vehicle. The German Federal Motor Transport Authority, known as the KBA, has authorised the operation. According to Lidl and Einride, this is the first permit of its kind in Germany for a cabless Level 4 autonomous truck operating on public roads.

Could Spain eventually see the same thing?

Whilst there is currently no announcement that Lidl is bringing these trucks here. The German project is a trial designed to establish how autonomous freight works in a real retail environment. Lidl is using the route to gather practical experience before considering how the technology could be developed further and which countries will benefit from it.

Another reason the trial is also worth watching in Spain, is because Lidl has a large network of supermarkets and distribution centres. Any decision to expand autonomous deliveries in the future would depend on the technology, the results of trials such as this one and the regulatory framework in each country. For now the, Spanish Lidl customers won’t suddenly find a driverless lorry arriving at their local store,

Lidl wants to take the trial further

The current journey is relatively simple, taking goods from the distribution centre to a nearby shop. The next stage could be more complicated. Lidl and Einride plan to develop the route towards a so called multi-stop “milkrun” model, in which one autonomous vehicle can serve several locations during a single operation.

Lidl also says further deployments involving companies within the Schwarz Group are being discussed. That would move the technology beyond a single delivery route and towards a much larger logistics operation.

Who is Einride?

Einride is a Swedish transport company that specialises in electric and autonomous freight. For Einride, the Lidl project represents an important step because the technology is being used for commercial deliveries on public roads rather than simply demonstrated in controlled conditions.

For Lidl on the other hand, the project provides a chance to see whether autonomous electric transport can become a practical part of its supply chain. There is still a long way to go before anything similar appears on Spanish roads, but Lidl has now put the technology into a real supermarket delivery operation, and what happens in Germany could help determine whether this remains a small experiment or becomes something much bigger.

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King Felipe VI To Visit Ceuta And Melilla As Spain Prepares For Historic Royal Trip

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The King has remained closely informed about developments. Photo credit: Marco Iacobucci Epp/Shutterstock

After everything that has happened in Ceuta over the past few months, there is a strong feeling that King Felipe VI should come and see the situation for himself. His arrival would be a powerful show of support for the city, particularly after the extraordinary events of July, and residents are now waiting to find out when it will actually happen.

The King and Queen Letizia are expected to visit both Ceuta and Melilla, but despite the announcement that the trip would take place in the coming weeks, there is still no confirmed date. The latest reports suggest that the date should be fixed before October 12, Spain’s National Day.

A visit that means more than a royal engagement

The planned journey was already being considered before the events of July, so the visit itself is not a new response to the crisis. What has changed is the significance of Felipe VI actually arriving in Ceuta. The King has remained closely informed about developments. He has spoken several times with Ceuta’s president, Juan Jesús Vivas, and received him at the Marivent Palace to discuss the situation directly.

For Ceuta, having the King visit in person would allow him to see the reality on the ground and meet people who have been dealing with the consequences of the events of recent months. Vivas has said that Felipe VI committed to visiting the city, while Prime Minister Pedro Sánchez subsequently confirmed that the King and Queen would travel to Ceuta and Melilla, the only thing missing now is the date.

Why the date is still uncertain

Morocco’s elections on September 23 are one factor being taken into account when planning the trip. Reports indicate that the preference is for the royal visit to take place after the elections. That leaves only a few weeks before October 12, when Spain celebrates its National Day.

There is also an unresolved question over whether Sánchez will accompany the King. According to reports on September 17, Moncloa had not yet made a final decision, with the possibility of another minister travelling with Felipe VI instead. The final itinerary has also not been announced. One possibility is for Felipe VI and Letizia to visit both cities on the same day, although that remains subject to confirmation.

Felipe VI has already spoken about Ceuta

Although the King has yet to visit, he has made several public references to the city since the summer. In his first major speech after the break, Felipe VI described Ceuta as an “example of civic spirit”, while praising the emergency services, public servants and volunteers who worked during the difficult situation. He has also met Defence Minister Margarita Robles and senior military commanders to receive information about the situation in Ceuta.

The forthcoming visit will also be historic for another reason. Felipe VI has never officially visited Ceuta or Melilla since becoming King in 2014. The last reigning Spanish monarch to visit both cities was Juan Carlos I, who travelled there with Queen Sofía in 2006. For now, Ceuta and Melilla are left waiting for the announcement that will turn months of expectation into a date in the diary. The latest indication is that the date for the royal visit should be fixed before October 12. Exactly when Felipe VI and Letizia will arrive, however, remains unknown.

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