Conflicts of interest in inheritances
No two inheritances are alike, but inheritance disputes follow familiar patterns. These are the ones that reach the firm every week and how we deal with them:
- An heir refuses to sign the division of the estate or to cooperate with the inventory: the Civil Procedure Act allows an application for the court division of the estate, with the appointment of an estate divider ("contador-partidor") if needed.
- A child has been left out of the will: unless there is a valid disinheritance, they can claim what they are due as a forced share from the heir, even if the will does not mention it. In Catalonia the forced share ("legítima") is an aggregate entitlement —one quarter of the statutory calculation base, shared among the forced-share beneficiaries— and omission ("preterición") or a disinheritance without valid grounds has its own specific effects.
- There are doubts about the testator's capacity or about undue influence: contesting a will is possible on grounds of lack of capacity, defects of consent or formal defects.
- An heir manages the assets for their own benefit, collects the rents or empties the accounts: we request an account of their management and, where appropriate, protective measures.
- The estate has debts or a mortgage: we assess acceptance under benefit of inventory or renunciation before the heir becomes liable with their own assets.
Can a will be contested in Catalonia?
Yes, on grounds set out in the law: that the testator lacked capacity when making it, that they acted under deception, violence or intimidation, or that the will does not meet the legal formalities. Harming the forced share does not in itself make the will void: it gives the right to claim the forced share or a top-up of it, and omission or a disinheritance without valid grounds have specific effects that must be distinguished. The action for nullity expires four years after the claimant knows, or could reasonably have known, of the ground; a forced-share claim is time-barred ten years after the death. The evidence depends on the ground relied on: medical evidence if capacity is disputed, documents or witnesses in other cases.
Mi madre ha fallecido y su vivienda tiene una hipoteca pendiente, ¿qué hago?
Claiming the forced share
The Catalan forced share raises more questions than it seems. It is not a share of the assets themselves but a monetary claim that the heir may pay in cash or with assets from the estate, unless the testator provided otherwise. Calculating it properly means reviewing the estate carefully: the assets that exist, outstanding debts, the lifetime gifts that must be added back and those that are set off against the share, and the value of each item at the date of death.
If you are the forced-share beneficiary who is owed it, you will want to be sure the figure is right; if you are the heir who has to pay it, so will you. A poor calculation ends in proceedings that, in many cases, a rigorous review from the start would have avoided. At Bombí & Ripoll we do not work with quick estimates: we check every item before accepting a figure.
Handling wills and inheritances without conflict
Even when the family agrees, an inheritance involves a series of formalities, each with its moment: certificates, a copy of the will, the inventory, the deed of acceptance and division, the tax returns and registration. English-speaking clients often call this "probate", but in Spain there is no probate court: the process runs through notaries, registries and the tax authorities. We handle the whole file and coordinate them, so that the heir does not have to work out the procedure alone. The personal situation is hard enough.
When there is no will, we handle the declaration of heirs and the intestate succession, and when tax is the main issue, the details are on our inheritance tax page. We explain the full succession process in Catalonia on our inheritance and succession law page.
Inheritances with a mortgaged home or assets in several places
Inheriting a home with a mortgage does not mean taking it on blindly: the heir can accept under benefit of inventory, negotiate with the lender the transfer of the loan or the sale of the property, or renounce if the debt exceeds the value. We explain this in the video on this page and apply it case by case, reviewing the loan deed and any linked insurance.
When there are assets in different autonomous communities or abroad, we coordinate the taxation in each territory and, in international successions, the application of the EU Succession Regulation to determine the applicable law.
How we handle a contested inheritance
The first step is to really listen: every family is different and each heir experiences the situation in their own way. We then review the documents, calculate what each party is entitled to and propose an agreement, if possible through mediation between heirs. If the other side digs in, we bring the appropriate claim before the Barcelona courts, with an engagement letter signed beforehand and without promising results that nobody can guarantee.
The information on this page is general and informative: every matter requires an individual analysis of its documents and deadlines, and it does not constitute legal advice without a prior consultation with the firm.