Legítima (Forced Heirship Portion)

Important: Spanish succession follows two distinct paths depending on whether the deceased left a valid will (testate) or not (intestate). The intestate path requires a Declaration of Intestate Heirs (Declaración de Herederos Abintestato) — a step not needed when a will exists. Learn more about the succession process →

Spain’s forced heirship rules are one of the biggest surprises for British, American, and other common-law expats, who are accustomed to having complete freedom to leave their estate to whomever they choose. Under Spanish law, you cannot simply disinherit your children — they are entitled to the legítima regardless of what your will says. However, EU Regulation 650/2012 allows expats to choose the law of their nationality to govern their succession, which can override Spanish forced heirship if their home country does not have such rules.

How the Estate Is Divided

• One-third: Legítima estricta — divided equally among all children
• One-third: Mejora — can be distributed among children and descendants as the testator chooses (but still only to them)
• One-third: Libre disposición — freely distributable to anyone

Key Facts About the Legítima

• Applies to children and descendants; if none, to parents and ascendants (one-half of the estate)
• The surviving spouse has a usufruct right (right to use) over part of the estate, not ownership
• EU citizens can opt for their national law in their will to avoid Spanish forced heirship
• UK citizens post-Brexit can still choose UK law under EU Regulation 650/2012
• Disinheritance is only possible in extreme cases (e.g., abuse, serious crimes against the testator)
• Regional variations: Catalonia, Basque Country, Navarra, and Aragon have their own rules
• A Spanish will should always include a nationality choice-of-law clause if you want to avoid the legítima

Related Legal Terms

• Testamento Abierto (Open Will)
• Impuesto de Sucesiones (Inheritance Tax)
• Aceptación de Herencia (Acceptance of Inheritance)
• Régimen Económico Matrimonial (Marital Property Regime)
• Back to Legal Encyclopedia — A-Z Guide

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Need Help with Legítima?

Our bilingual legal team assists expats across Spain with every aspect of legítima. We handle the paperwork, liaise with Spanish authorities on your behalf, and make sure nothing falls through the cracks.

This entry is part of our Legal Encyclopedia for Expats in Spain. Browse the full A-Z guide for more terms.

For a complete overview of wills and inheritance in Spain, see our Spanish Wills & Testament Guide 2026.