Unworthy to Inherit
- @mtcspain
- 8 minutes ago
- 2 min read
Unworthy to Inherit: The Hidden Boundary in Spanish Succession Law
In Spanish succession law, not every heir is morally or legally fit to receive what the deceased leaves behind — even if they are named in a will.
The Spanish Civil Code, under Articles 756 to 762, defines specific cases in which a person may be declared “unworthy to inherit” ("indigno para suceder"). One of the most socially relevant — yet often overlooked — causes is the failure to provide care or assistance to the testator during a time of vulnerability.
Article 756.3 of the Civil Code:
“A person is unworthy to inherit if they unjustifiably denied assistance to the testator when the latter was impaired due to age, illness, or any other cause.”
This reflects a deeper legal and ethical principle: inheritance is not a right divorced from responsibility. The law recognizes that abandonment, neglect, or emotional disconnection — when there was a duty of care — can disqualify someone from benefiting from the estate.
Key Aspects of This Provision:
No criminal conviction is required.
It is sufficient to prove, in a civil proceeding, that the heir failed in their personal or legal duty to assist the testator.
The impairment of the testator must be real and provable, whether due to old age, illness, or dependency.
There must be no legitimate reason for the lack of assistance. Not every family conflict qualifies — but clear, unjustified neglect does.
Why This Matters:
Modern civil law places increasing importance on the dignity and autonomy of vulnerable individuals. With the 2021 reform to Spanish disability and guardianship law, the emphasis is now on respecting the will and preferences of the person, not just managing their affairs.
When someone ignores that will, neglects their duty, or abandons a vulnerable relative — and then seeks to inherit — the law responds.
Succession is not just about legal entitlement.
It is about earning the right to carry the legacy forward.
Let the law remind us:
Not every heir deserves their inheritance.