At addwill, we have recently seen a growing number of inquiries about disinheriting a child, especially cases where a child has completely cut ties with their parents, does not visit or call, and even prevents them from seeing their grandchildren.
While Catalan law does allow disinheritance, the conditions are very strict, and courts interpret them narrowly. This means disinheriting a child is not a straightforward process, it requires proof of a valid legal cause and can be emotionally challenging for the testator and their family.
What happens when someone is disinherited?
A disinherited person loses:
- The right to their forced inheritance shares and any inheritance in cases without a will.
- The right to receive financial support from the testator.
However, the disinherited person’s children or direct descendants still inherit their share.
When Can Someone Be Disinherited?
Disinheritance must be done through a will, codicil, or inheritance agreement.
Article 451-17 of the Civil Code of Catalunya lists specific legal grounds for disinheritance, such as:
a) Cases of unworthiness, as stated in Article 412-3:
- Being convicted of intentionally killing or attempting to kill the deceased, their spouse or stable partner, or any of their descendants or ascendants.
- Being convicted of a serious assault, a crime against freedom, torture, moral integrity, or sexual freedom and indemnity against the deceased, their spouse or stable partner, or any of their descendants or ascendants.
- Being convicted of perjury or false accusation against the deceased, falsely accusing them of a crime punishable by at least three years in prison.
- Being convicted of a crime against family rights and duties, either in relation to the inheritance of the harmed person or their legal representative.
- Parents who have been suspended or deprived of parental authority over their child.
- Anyone who has maliciously influenced the deceased to make, revoke, or modify a will, succession agreement, or inheritance disposition, or who has prevented them from doing so. Likewise, anyone who knowingly benefits from such actions.
- Anyone who has destroyed, hidden, or altered the will or any other inheritance disposition of the deceased.
b) Denial of legally required financial support to the testator, their spouse or stable partner, or any of their ascendants or descendants.
c) Serious mistreatment of the testator, their spouse or stable partner, or any of their ascendants or descendants.
d) Suspension or deprivation of parental authority over the testator’s child or over the testator’s grandchild (in both cases, due to the fault of the person deprived of authority).
e) A clear and prolonged lack of family relationship between the deceased and the heir, when it is solely the heir’s fault.
This last cause—lack of family contact—is the most cited, but also the hardest to prove.
For instance, the Spanish Supreme Court ruled in judgment No. 802/2024 (June 5, 2024) that a father’s disinheritance of his daughter was invalid. The court found that the daughter’s alleged psychological mistreatment—simply not showing affection—was not sufficient grounds, especially since the father had abandoned her as a child after divorcing her mother. Similar rulings were made in judgment No. 556/2023 (April 19, 2023) and judgment No. 419/2022 (May 24, 2022).
Can a Disinherited Person Contest It?
Yes, they have four years after the testator’s death to challenge the disinheritance. The burden of proof depends on the claim: if the heir argues that the disinheritance was unjustified, the estate must prove otherwise. If they claim reconciliation happened, they must prove it.
Is Reform Needed? Current laws heavily protect heirs, sometimes at the expense of the testator’s wishes. A possible reform could limit forced inheritance rights to children under 25.
Looking for legal advice? Our civil law experts at addwill are here to help. Get in touch with us here.