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This article forms part of the CostaLuz Lawyers blog and is published for general informational and educational purposes only. It was prepared with the assistance of artificial intelligence tools and, before publication, was substantively reviewed and editorially approved by Maria de Castro, a Spanish-qualified lawyer registered with the Cádiz Bar Association under number 2745, founder of CostaLuz Lawyers and the person responsible for the editorial review of the published content.
This article does not constitute legal, tax, immigration, employment, estate-planning or investment advice and does not replace an individual assessment and the professional work of the appropriate CostaLuz Lawyers specialist. No action or omission should be based solely on this information.
Quick answer: Most Spanish inheritance disputes start with one of three things — Spain’s forced-heirship rules (the legítima), a foreign will that clashes with Spanish law, or heirs who simply cannot agree how to divide the estate. Because Spanish law reserves a fixed share for children and gives the surviving spouse a life interest, you cannot always distribute an estate the way the deceased intended, and a single objecting heir can freeze the whole estate. Knowing where the conflict comes from is the first step to resolving it.
Why inheritance disputes happen in Spain
Cross-border estates are especially exposed. The most common triggers we see among expat families:
- The legítima surprises a foreign family. Spanish law does not allow full testamentary freedom; a fixed portion is reserved for forced heirs, which often contradicts what a British, US or Irish testator expected.
- A foreign will collides with Spanish succession. Without a valid election of national law under Brussels IV, Spanish forced-heirship rules can apply to assets in Spain even when the will says otherwise.
- Heirs cannot agree on the division. Everyone accepts who inherits, but not who takes the apartment, the bank accounts or the business — and the estate stalls.
- Suspected disinheritance or hidden assets. An heir believes they were wrongly excluded, or that part of the estate was not declared.
The legítima: why you cannot freely disinherit in Spain
Under the common Civil Code, two-thirds of the estate is reserved for children or descendants: one-third (the legítima estricta) is split equally between them, and a second third (the mejora) can be allocated among descendants as the testator chooses. Only the final third is freely disposable. A surviving spouse with children is normally entitled to the usufruct (life interest) of one-third.
Several regions apply their own foral rules: in the Basque Country the legítima is just one-third and can be left to a single child, while in Catalonia the forced share is one-quarter and the spouse is not a forced heir. You cannot disinherit a forced heir except on specific grounds set out in the Civil Code, and those grounds must be stated in writing in the will. Getting this wrong is one of the biggest sources of litigation.
When you need a lawyer
Some disputes can be settled around a table; others cannot. You should take legal advice when an heir refuses to sign the partition and blocks the estate, when you suspect a will is invalid or an heir was improperly disinherited, when a foreign will and Spanish law point in different directions, or when assets (a company, foreign property, undeclared accounts) make the division genuinely complex. The earlier a lawyer is involved, the more options remain open — including a negotiated settlement before anyone goes to court.
For the underlying rules, see our guides to forced heirs in Spain and Brussels IV and choice of law, and the step-by-step guide to resolving an inheritance dispute.
Frequently asked questions
Can you disinherit a child in Spain?
Only on specific grounds set out in the Civil Code and stated in writing in the will. Children are forced heirs (legítima), so under the common Civil Code two-thirds of the estate is reserved for descendants and cannot be freely withheld.
What is the legítima in Spain?
The legítima is the share Spanish law reserves for forced heirs. Under the common Civil Code two-thirds is reserved for descendants and one-third is freely disposable; a surviving spouse with children usually receives the usufruct of one-third.
Does Spanish forced heirship apply to foreigners?
It can apply to assets in Spain unless the foreign national validly elected the law of their nationality under Brussels IV. That election is decisive and should be checked first.
Can one heir block a Spanish inheritance?
Yes. If an heir refuses to sign the partition the estate can stall until the others request a judicial partition through the courts.
Is the surviving spouse a forced heir in Spain?
Under the common Civil Code the spouse is entitled to the usufruct of one-third when there are children. In some regions, such as Catalonia, the spouse is not a forced heir but may have other rights.
Get a free written analysis of your case
Email your questions to marialuisa@costaluzlawyers.es and our team gives you a free, personalised written analysis — you can attach any documents or forms. Once everything is clear in writing, we offer an optional free introductory call. The initial written analysis carries no fee (international tax consultancy starts from €200 + VAT).
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Reviewed by María Luisa de Castro, CEO at CostaLuz Lawyers — Updated 2026
This is general information, not definitive legal advice — every case requires individual analysis.
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