Santiago Chardón v. Allio

21. Santiago Chardón v. Allio

Citation: 2026 TSPR 13, 217 DPR, CC-2025-0050, Tribunal Supremo de Puerto Rico (Feb. 3, 2026)

Relevant Facts

• David John Allio Littauer died February 12, 2023, having executed Will No. 16 on May 25, 2021.

• The will established two testamentary trusts (“Support Trust” and “Life Trust”) for the benefit of his minor children Giancarlo and Mía María Allio Santiago.

• Michael K. Allio Littauer (testator’s brother) was appointed executor and fiduciary.

• The Support Trust was constituted in Rhode Island and registered in Puerto Rico but not in the Special Registry of Trusts (ODIN).

• The Life Trust was constituted in Rhode Island without registration in Puerto Rico.

• Carmen Santiago Chardón (the children’s mother) filed a motion seeking declaration that the trusts were null due to non-registration in ODIN.

• The First Instance Court denied the nullity request without expressing reasons.

Legal Issues

Whether testamentary trusts constituted without registration in the Special Registry of Trusts (ODIN) are null under Puerto Rico Law No. 219-2012; proper procedures for constituting testamentary trusts; and whether the interlocutory order required immediate appellate review.

Positions of the Parties

Santiago: The testamentary trusts were null because not registered in ODIN as required by Law No. 219-2012; sought appointment of judicial defender for minors.

Allio: Trusts were properly constituted under testamentary authority; registration requirement does not render trusts null; the Support Trust was registered in ODIN.

Decision of the Court

The Supreme Court denied the Petition for Certiorari, holding that the Appellate Court erred in denying expedited certification and that the matter required immediate appellate review.

Reasons for the Decision

• Under Law No. 219-2012, testamentary trusts not registered in the Special Registry constitute grounds for nullity.

• The interlocutory order had significant substantive effect on the final determination of the case.

• Denying expedited review would prevent access to justice and proper resolution.

• Registration in ODIN is a mandatory substantive statutory safeguard.