Your parents have died and the will leaves you little or nothing, or leaves everything to one of your siblings or to a new partner. In Catalonia the law protects children through the legítima, or forced share: a minimum part of the estate to which they are entitled unless they have been disinherited for a lawful reason. But the legítima in Catalonia works very differently from the rest of Spain, and it is worth understanding it before claiming or paying it.
At MH & MG Abogados we have been advising on inheritance for more than 25 years from our offices in Barcelona and Roses (Girona). Here are the essentials.
Who is entitled to the legítima
The deceased’s children are entitled, in equal shares. If one of them has already died, their share passes to their own children. Only if there are no descendants are the parents entitled, half each.
A spouse or registered partner is not a forced heir. However, if left without sufficient means, they may be entitled to the quarta vidual, up to one quarter of the estate.
How much the legítima is
The legítima is one quarter of the value of the estate, divided among all the forced heirs. If there are four children, each is entitled to one sixteenth.
It is calculated from the value of the assets at the date of death, less debts and the costs of the last illness and funeral, plus any gifts the deceased made in the ten years before death. This prevents the legítima being emptied by giving assets away during one’s lifetime.
How it is paid
Unlike under the Spanish Civil Code, in Catalonia the legítima is a claim against the heir, not a share of the assets themselves. The heir decides whether to pay it in cash, even if not from the estate, or with assets from the estate. The forced heir cannot demand a particular property.
If the will already leaves the child something worth less than their legítima, they can claim a top-up to make up the difference. And if the heir is late in paying, the legítima claimed bears interest, unless the testator excluded it.
Disinheritance
A testator can deprive a child of the legítima only on the grounds laid down by law, and must state them in the will. They include serious mistreatment of the testator or their family and, as a distinctive feature of Catalan law, a clear and continued absence of family relationship caused solely by the forced heir. If the child denies the ground, it is for the heir to prove it. The courts examine in detail why the relationship broke down.
Time limit for claiming
The claim for the legítima becomes time-barred ten years after the death. Even so, it is best not to wait: over time it becomes harder to reconstruct the estate and the gifts, and the heir may have sold the assets.
The first step is usually to ask the heir for an inventory of the estate and negotiate payment. If no agreement is reached, an attempt at negotiation or mediation must be shown before filing a claim. The legítima is also subject to inheritance tax, paid by the person who receives it.
We help you with your inheritance
Whether you are a child wanting to claim your legítima or an heir who must calculate and pay it, at MH & MG Abogados we review the will, calculate the legítima including the relevant gifts, and negotiate or litigate on your behalf. You can also read our article on inheritance in Barcelona or visit our inheritance law page.
Book an in-person or online appointment in Barcelona (+34 93 368 32 02) or Roses (+34 972 15 24 32), via WhatsApp (+34 653 964 658) or through our contact page. We will give you a no-obligation quote.