Judicial practice in Catalonia is once again grappling with complex inheritance issues, clarifying the boundaries within which a relative can be deprived of their legal share. A recent decision by the Provincial Court of Barcelona has set a precedent, restoring a grandson’s right to inheritance despite his late grandfather’s wishes. This case clearly shows that a simple lack of family ties is not enough to disinherit an heir unless their own fault is proven.
The story began in 2019 with a will in which an elderly man completely excluded his adopted daughter and her son from the list of heirs. He bequeathed all of his property to neighbors who cared for him after his wife’s death. The court of first instance in El Prat de Llobregat found this decision lawful, citing Article 451-17.2.e) of the Catalan Civil Code. This provision allows for the deprivation of a compulsory share due to an ‘obvious and ongoing lack of family relations’ for which the sole responsibility lies with the heir.
Two heirs, two decisions
However, an appeal to the Provincial Court of Barcelona radically changed the outcome of the case—at least for one of the relatives. The higher court concluded that the daughter’s behavior indeed justified her disinheritance, but the situation was different for the grandson. The judges emphasized a key point: it is the beneficiary of the will who must prove that the grounds for disinheritance were valid and that the responsibility for the breakdown of the relationship lies solely with the person who was disinherited.
No one disputed that family relations deteriorated after 2014, when the testator’s wife passed away. The main question was who had provoked this estrangement. Documentary evidence and testimony were presented in court, confirming that the man felt abandoned by his daughter, and that his neighbors had taken care of him for several years. Medical reports, social service records, and even notes in his clinical file reflected this perception, which convinced the court that disinheriting the daughter was justified.
Burden of proof
The situation with the grandson was more complicated. The estrangement happened while he was still a minor. No evidence other than the testator’s own words was presented to prove the grandson’s responsibility for the end of their relationship. There was also no indication that, after reaching adulthood, he had a real opportunity or enough time to reestablish contact with his grandfather.
Under these circumstances, the court concluded that there were insufficient grounds to deprive the grandson of his lawful share (legítima). The neighbors designated in the will as sole heirs are now required to pay him this share in accordance with Catalan civil law.
This case highlights the importance of solid evidence when contesting a will. Courts highly value objective proof that can demonstrate the heir is not responsible for the estrangement. Official documents—such as medical records, reports from social workers, and testimony from impartial individuals like neighbors or healthcare staff—play a crucial role. In addition, evidence of attempts to establish contact, like messages, emails, or call logs showing the heir did not intentionally avoid communication, can be significant arguments.
For reference, the legal share of inheritance, or “la legítima” under Catalan law, is a portion of the estate that the testator is required to leave to their closest relatives, known as “legitimarios.” These include children or, in their absence, parents. According to the Civil Code of Catalonia, this mandatory share amounts to one-fourth of the total value of the estate and is divided equally among all legitimarios. Deprivation of this share is only possible for reasons strictly defined by law, such as serious neglect or abuse, and this must be proven in court.
