The compulsory share in Catalonia: who can claim and how it is calculated

The Catalan legitimation is a right of credit against the inheritance. It does not necessarily convert the legitimary person into a co-owner of all assets nor obliges to divide each property by shares.

Who are the legimitaries

They are, first and foremost, the children of the deceased on an equal basis, with the legal representation rules applied. If there are no surviving descendants, they can be the parents. The surviving spouse or partner has other succession rights but is not a legimitary by that fact alone.

What it represents

The global amount is the quarter of the calculated base according to Article 451-5 of the Civil Code of Catalonia. It starts from the value of the assets at death, deducts certain debts and expenses, and adds, when applicable, computable donations. That quarter is distributed among those who are entitled.

How it can be paid

The heir can pay in cash, even if there is no such money in the inheritance, or with assets from the estate according to legal terms. The valuation, interest rates, and dispositions made during life or by will must be reviewed before making a claim.

Disinheritance, renunciation, and time limit

A disinherison only takes effect if there is a legal cause and can be contested. Renouncing the inheritance or a legacy may have consequences for the compulsory share. The right to demand it and seek its supplement is subject to the legal time limit, so it is advisable not to delay analysis.

Our inheritance and wills service calculates the base, reviews donations, and negotiates or claims payment of the compulsory share.

Source: Articles 451-1 and following of the Civil Code of Catalonia.

This content is informative and does not replace tailored legal advice.