In Galicia the children’s forced share is one quarter of the estate, not the two thirds set by the Spanish Civil Code, and the parents of the deceased have no forced share. The basis for the calculation is not only what the deceased owned at death, because Galician Civil Law 2/2006 requires adding what they gave away during life, including apartación, and deducting their debts. This calculator does that sum.
How it calculates
It adds the value of the assets at death, deducts the debts and adds what the deceased transferred during life without consideration, as article 244 provides. That basis is divided by four to obtain the children’s forced share, split equally between the children or the lines of children who died earlier leaving descendants. A surviving spouse who was not separated has a life usufruct over one quarter when there are children and over half when there are none. The rest could be freely left in the will.
When Galician law applies
It applies when the deceased had Galician civil status (vecindad civil gallega), which does not depend only on where they lived or were born, and in cross-border estates when Galician law governs the succession. If the civil status is in doubt, the result may not apply, because under the Civil Code the figures change completely. More on the forced share in Galicia and blocked inheritances. Inheritance cases are handled by Ana María Reza Cortiñas, and you can call us on +34 677 841 007.
Frequently asked questions
What do I need to use the calculator?
The value of the deceased's assets at death, their debts, what they gave away during life to anyone (including apartación) at today's value, the number of children and whether there is a surviving spouse who was not separated. If a child died earlier leaving descendants, count that line as one more child. Also count a child excluded by apartación or who renounced the forced share, because although they receive nothing they still count when it is divided, and their part does not go to the others.
Why is the Galician forced share different from the rest of Spain?
In Galicia the children's forced share is one quarter of the estate (article 243 of Law 2/2006), while under the Spanish Civil Code it is two thirds (article 808). In Galicia the parents of the deceased are not forced heirs. That leaves someone with Galician civil status free to dispose of much more.
What does the surviving spouse get if there are no children?
A life usufruct over half of the estate (article 254). If there are children or descendants, the usufruct is over one quarter (article 253). In both cases it is a right to use and enjoy those assets for life, not to own them.
Is the result what I will receive?
It is an estimate. What each child received during the deceased's lifetime is deducted from their share, the will may have allocated the free part differently, and the valuation of assets and gifts is what is most often disputed. The final figure comes from the inventory and the will.