The will is read and you, who expected to inherit, turn out to be left out, or with far less than you thought. The reaction is almost always the same: can they do that? Do I have anything to claim?
In most cases, quite a lot.
You can’t disinherit whoever you like
Spanish law doesn’t allow absolute freedom to distribute an estate. It reserves a portion for certain close relatives — essentially children and descendants, failing them the parents, and the surviving spouse — and that portion is called the forced share (legítima). A person entitled to it can’t be left without it on a whim: they can only be excluded through a disinheritance for one of the strict causes the law lists, and by proving it. Outside those cases, leaving them without their share doesn’t hold up.
Careful with Galicia: its own rules
An important point in A Coruña: Galicia has its own civil law (the Galician Civil Law Act), with forced-share rules different from those of the common Civil Code. Which law applies to an estate depends on the deceased’s regional citizenship (vecindad civil), and it’s no small detail: it changes how much you’re due and how to claim it. Knowing Galician law is exactly where a local firm makes the difference against one from elsewhere.
If you’ve been left out
Two frequent situations open the door to claiming:
- Omission (preterición): when the will simply “forgets” you as a person entitled to the forced share.
- Disinheritance without a valid cause: when you’re excluded on a ground that doesn’t fit the law or can’t be proven.
In both cases you can challenge it and claim what you’re due. You can also reduce gifts or legacies that have pushed the forced share below what’s owed, or challenge the will for defects of form or capacity.
Act without letting time slip
Inheritance actions have deadlines, and they vary depending on what’s being claimed. The sooner you review your situation, the more room you’ll have. You can see our civil law area.
If you suspect you’ve been left out of what was rightfully yours, it’s worth having someone look closely at the will and the estate’s accounts.
Frequently asked questions
Can I be disinherited for no reason?
No. To exclude someone entitled to the forced share, one of the disinheritance causes set out in law must be invoked and, moreover, proven. A disinheritance without a valid cause can be challenged, and you would recover your share.
What is the forced share?
It’s the part of an estate the law reserves for certain relatives (children and descendants, failing them ascendants, and the surviving spouse), which they can’t be deprived of except through a justified disinheritance. Its size depends on the applicable law.
I live in A Coruña, does the Civil Code forced share apply?
Not necessarily. Galicia has its own civil law, with different forced-share rules. Which law governs the estate depends on the deceased’s regional citizenship, something worth checking in each case because it changes the outcome.
The will doesn’t mention me, can I do anything?
Yes. If you’re entitled to the forced share and the will omits you, you can claim what you’re due on the grounds of omission. It’s worth reviewing promptly, because inheritance actions are subject to deadlines.