How do you claim the forced share in Catalonia and what is the time limit?

Question

José Manuel Alburquerque · Accepted Answer

The forced share (“legítima”) is claimed from the heir, first in writing and, if the heir does not pay, in court. The time limit is ten years from the death. If the heir is the claimant's father or mother, time does not run while he or she is alive, although no claim can ever be made more than thirty years after the death. If the claimant was disinherited, he or she has only four years to challenge the disinheritance. Before making a claim Ask the “Ministerio de Justicia”, the Spanish Ministry of Justice, for the certificate of last wills from the “Registro General de Actos de Última Voluntad”, its register of wills. It shows which notary holds the last will. Ask that notary for a copy. As a child of the deceased, you are entitled to one. Gather information about the deceased's assets and debts and about what he or she gave away in the last ten years of his or her life. Work out your share. It is one quarter of the value of the estate, after deducting the debts and adding the gifts, divided among all the children. How to claim In writing to the heir, for example by “burofax”, a certified letter with proof of content and delivery, or by a formal demand served by a notary. This demand interrupts the time limit, which then starts again from scratch. If no agreement is reached, by bringing a claim in court, with a lawyer and a “procurador” (court agent). Before that, the law requires an attempt to reach an agreement. A written proposal, for example by burofax, may be enough. The claim can be recorded at the “Registro de la Propiedad”, the Land Registry. That way, if the heir sells a property, the buyer is bound by the claim. The heir chooses whether to pay in money, even if there is none in the estate, or with assets from the estate. If the child does not agree with the assets offered, he or she can go to court. The heir is also liable for payment with his or her own assets. Time limits and interest Ten years from the death to claim the forced share or any shortfall needed to make it up in full. If the heir is the child's father or mother, time does not run while he or she is alive. No claim can ever be made more than thirty years after the death. Four years from the death to challenge a disinheritance or to ask for a reduction of the gifts or legacies that left the child without a forced share. A burofax does not stop these four years running. A claim must be brought before they run out. From the death, the forced share earns interest at the statutory rate, unless the will says otherwise. Nor does it earn interest while the child lives with the heir and is dependent on him or her, or lives with the person who holds the usufruct of the whole estate and is dependent on that person. Any shortfall needed to make it up only earns interest from the date of the claim. This applies if the estate is governed by Catalan law. Under the Spanish Civil Code (“Código Civil”) the forced share is larger and in principle gives a right to receive assets from the estate. The time limits are also different.