Client’s Situation
A client approached us following the death of his father. Under the terms of the will, almost the entire estate — real estate located in Spain, bank accounts, and investment assets — was transferred to the deceased’s second spouse.
The client (a son from the first marriage) received only a symbolic amount that did not correspond to his forced heirship share (legítima) under Spanish inheritance law.
The case was further complicated by several factors:
- The will had been executed many years earlier.
- The assets had significantly increased in value over time.
- The opposing party claimed that the testator’s wishes were final and could not be challenged.
- Part of the estate was located in different Spanish autonomous communities, each with specific rules governing the legítima.
The client sought clarification on:
- Whether the distribution could be challenged;
- Whether he was entitled to a larger share;
- The risks and applicable time limits.
Legal Analysis
We began with a comprehensive legal review:
1️⃣ Applicable Law Analysis
We determined which succession law applied — Spanish Civil Law or the regional legislation of the relevant autonomous community.
2️⃣ Calculation of the Forced Share
We recalculated the estate value taking into account:
- the market value of real estate at the date of death,
- bank assets,
- potentially undisclosed assets,
- lifetime gifts made by the deceased.
The analysis confirmed that the client was entitled to a substantially higher amount than that allocated under the will.
3️⃣ Review of Potential Abuses
Lifetime gifts made in favor of another heir were identified, potentially disrupting the legally protected balance of forced heirship shares.
Defence Strategy
We proposed a two-stage strategy:
Stage 1 — Pre-Litigation Negotiations
- Preparation of a legally substantiated claim including a precise financial calculation of the infringed legitimate share.
- Proposal for voluntary redistribution of the estate assets.
The opposing party refused settlement.
Stage 2 — Court Proceedings We filed a claim seeking:
- protection of the client’s forced heirship rights,
- revision of the estate distribution,
- inclusion of lifetime gifts in the estate calculation.
During the proceedings, the court ordered:
- an independent real estate valuation,
- a financial expert assessment.
Result
The court confirmed that the client’s legitimate share had been violated.
✔ The estate was recalculated.
✔ Lifetime gifts were included in the overall computation.
✔ The client received financial compensation.
✔ Court costs were awarded against the opposing party.
Final outcome: the client’s inheritance share increased by more than three times compared to the original distribution.
Why This Matters
Spanish inheritance law provides strong protection for forced heirs. Even a formally valid will cannot override statutory forced heirship rights.
Many heirs mistakenly believe that “if there is a will, nothing can be changed.” In practice, this is not always true.
