Can you challenge a will in Catalonia?

Question

José Manuel Alburquerque · Accepted Answer

Yes, but only on the grounds laid down by law and within the time limit. The most common are that the testator did not understand what he or she was doing, that he or she was deceived or pressured, that the formal requirements were not met or that the children's forced share (“legítima”) is not respected. In general there are four years to challenge the will. But if all that is missing is the forced share, there is no need to have the will annulled. It is enough to claim it within ten years of the death. When a will can be annulled If the testator did not have the capacity to understand and intend what he or she was doing at the time of making the will. This is what is disputed in cases of dementia or serious illness. If it was made through deception, violence or serious intimidation. Anyone who used underhand means to induce the testator to make or change it also loses whatever the testator leaves him or her. If the formal requirements were not met, such as a handwritten will that was not written out in full and signed by the testator himself or herself. If a particular provision was made through a mistake as to the person or the property concerned. In that case only that provision is void. Further challenges by children and other forced heirs (“legitimarios”) If the will disinherits a child without a legal ground, or the ground is not proved, the disinherited child can challenge it within four years of the death. It is for the heir to prove the ground. If the child succeeds, he or she receives his or her forced share, but the rest of the will remains valid. If the will overlooks a child born after it was made, or one whose existence the testator did not know of, that child can ask within four years for the will to be set aside. There are exceptions, such as where the sole heir is the spouse. If legacies or gifts have to be cut back for the forced share to be paid, because the estate is insufficient, the time limit for seeking this is four years from the death. If the will leaves something to a person the law does not allow to inherit, such as the notary, or to a paid carer if the will is not an open will made before a notary, that provision is not valid. Any claim must be brought within four years. From 4 February 2027 the law expressly states that anything left to the person who represented the testator by way of support, while that support lasted, is not valid either. Close relatives, such as a child or a sibling, are excepted. Nor does this apply if that person's final accounts are approved within the time limit. Time limits and evidence Once the testator has died, annulment can be sought by those who would benefit from it. There are four years from the time the ground is known, or could be known. A will cannot be challenged by anyone who, knowing of the ground, accepted it or voluntarily carried it out. If the will is annulled, the previous one takes effect. If there is none, the estate passes under the intestacy rules. The notary's assessment of capacity carries great weight. Rebutting it requires clear evidence, usually medical reports from around that time. This applies if the estate is governed by Catalan law. Under the Spanish Civil Code (“Código Civil”) the grounds are similar, but the time limits are different.