Forced heirship and wills in Spain: how much you can leave to each heir

"Can I leave the house to my youngest daughter?" "What if I want my partner to keep living in the flat?" We often hear these questions when preparing a will in Albacete or Villarrobledo. The answer starts with understanding forced heirship (legítima): the part of the estate that Spanish law reserves for certain relatives and that you cannot distribute freely.

Who is entitled to forced heirship

Castilla-La Mancha applies the common Spanish Civil Code, which recognises as forced heirs:

• Children and descendants.
• If there are none, parents and ascendants.
• The surviving spouse, by way of usufruct (the right to use and enjoy, not ownership).

Unmarried partners have no forced share under the Civil Code: if you want to protect them, you must do so expressly in your will.

Foreign residents should note that the EU Succession Regulation lets you choose the law of your nationality for your succession, which may avoid these rules. It must be stated in the will.

Split into thirds when there are children

If you have children, the estate is divided into three parts:

• Strict forced share third: shared equally among all the children.
• Improvement third (mejora): you can freely allocate it to one or more children or grandchildren, for example to favour whoever needs it most or looks after you.
• Free disposal third: you can leave it to anyone, relative or not, including charities.

So you can leave more to one child than another, but within these limits.

If there are no children

If the parents inherit, their forced share is half the estate, or one third if they share with the surviving spouse. The rest is free to dispose of.

The surviving spouse’s rights

With children, the surviving spouse has the usufruct of the improvement third. With no children but with parents, the usufruct of half; with neither, of two thirds. To ensure your spouse can stay in the home, a very common formula is the "cautela socini": you leave them the usufruct of the whole estate and, if a child does not accept it, that child receives only their strict forced share.

Can a child be disinherited?

Yes, but only on the grounds set out in law (for example, refusing maintenance without reason, physical abuse or serious insults) and always stated expressly in the will. The Spanish Supreme Court accepts psychological abuse, including serious and continued emotional abandonment attributable to the child. The disinherited child can deny the ground, and the other heirs must then prove it. Poorly drafted disinheritance is often annulled.

Common mistakes when making a will

• Leaving specific assets without checking they respect the forced shares, which leads to claims.
• Not providing for what happens if an heir dies before you (substitutions).
• Forgetting an unmarried partner or a child with a disability, who can be protected with specific tools.
• Not reviewing it after a divorce, remarriage or buying a home.

How we help

We look at your assets and your family and propose the distribution that best fits your wishes, within the law. We prepare the draft for the notary and, if a relative has already died, we advise you on claiming your forced share if it has been reduced. We can assist you in English.

Frequently asked questions

This article is for information only and does not replace professional advice on your specific case. It refers to Spanish law.