Inheritance Law in Spain

Inheritance Law in Spain: Why You Can’t Leave Everything to Whoever You Want

Many people believe they are free to decide who inherits their assets, but under Spanish law, this is not entirely true. Spanish succession law sets clear limits to protect close family members.

What Is the “Forced Heirship” (Legítima)?

The legítima is the portion of the estate that the law reserves mandatorily for certain relatives, known as forced heirs.

According to the Spanish Civil Code, forced heirs are:

• Children and descendants.

• Parents and ascendants (if there are no children).

• The surviving spouse, whose rights vary depending on the family situation.

How Is an Estate Divided?

As a general rule, an inheritance in Spain is divided into three parts:

• Forced heirship share (tercio de legítima) → must go to forced heirs.

• Improvement share (tercio de mejora) → used to favour one or more children.

• Free disposal share (tercio de libre disposición) → the only part you can freely leave to anyone.

Only one third of the estate is completely free.

Can You Disinherit a Child?

Yes, but only for specific legal reasons, such as:

• Serious abuse or mistreatment.

• Serious insults or misconduct.

• Unjustified refusal to provide financial support.

If the legal cause cannot be proven, the disinheritance may be declared invalid by a court.

Common Mistakes

Assuming a will allows you to ignore forced heirship.

Not updating your will after divorce or having children.

Relying on informal family agreements.

Conclusion

In Spain, inheritance is not entirely based on free will. Forced heirship protects close relatives and limits the testator’s freedom.

Making a will with proper legal advice prevents disputes and future litigation.