Reconocimiento de filiación en testamento y reclamación de alimentos

This paper deals with the recognition in a will of out-of-wedlock children and the consequences concerning the inheritance of the testator. Within those consequences, we will focus on the obligation of providing maintenance the testator would have had with his child when he was alive, defending that the creditor or those who had satisfied the debts in place of the debtor, have a credit right against the testator’s inheritance. We will analyze the recognition in a will institution, the recent case law related to children’s maintenance, and the regulation in comparative law. That will take us to defend, in accordance with the best interests of the child, the need for an urgent review of our laws in order to establish the retroactive effect in the duty of providing maintenance to children.