Successions in Catalonia

The Supreme Court (TS) has resolved a case on the legitimate portion in successions in Catalonia, in which three siblings were claiming more money from their mother's inheritance because they believed that what they had received during her lifetime did not cover their legitimate portion, while the main heiress, their sister, argued that it had been fulfilled and that she was not liable with her own assets.

In this case, the siblings argued that the heiress should respond personally, even with her own assets, and that lifetime gifts should be added up to calculate what they were entitled to. They also requested that, if there was not enough money in the inheritance, the legacies should be reduced and interest should be paid. On the heiress's side, it was argued that she only had to pay the legitimate portion with the inherited assets and not with her own, besides denying that certain transfers were actual gifts.

The TS clarifies that, according to Catalan Law, the legitimate portion is a credit right, meaning that children receive the right to claim a specific value from the inheritance, but they do not have the right to receive specific assets or burden them. The heir must pay the legitimate portion only with what is in the inheritance and not with their own money, although the law allows them to use personal funds if they prefer. Additionally, the TS explains that interest is not paid on the legitimate portion if the will expressly prohibits it, as was the case here. This sets a limit on the freedom to make a will, but it does not turn the legitimate portion into a real debt on the inheritance assets or a burden that transfers to the heir's personal estate.

 

In disputes regarding gifts and inheritances, our professionals can advise you on the defense of your claims and rights.