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At addwill<\/strong>, 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.<\/p>\n While Catalan law does allow disinheritance<\/strong>, 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.<\/p>\n What happens when someone is disinherited?<\/strong><\/p>\n A disinherited person loses:<\/p>\n However, the disinherited person\u2019s children or direct descendants still inherit their share<\/u>.<\/p>\n When Can Someone Be Disinherited?<\/strong><\/p>\n Disinheritance must be done through a will, codicil, or inheritance agreement.<\/p>\n Article 451-17 of the Civil Code of Catalunya lists specific legal grounds for disinheritance, such as:<\/p>\n a) Cases of unworthiness, as stated in Article 412-3:<\/p>\n b) Denial of legally required financial support to the testator, their spouse or stable partner, or any of their ascendants or descendants.<\/p>\n c) Serious mistreatment of the testator, their spouse or stable partner, or any of their ascendants or descendants.<\/p>\n 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).<\/p>\n e) A clear and prolonged lack of family relationship between the deceased and the heir, when it is solely the heir\u2019s fault.<\/p>\n This last cause\u2014lack of family contact\u2014is the most cited, but also the hardest to prove.<\/p>\n For instance, the Spanish Supreme Court ruled in judgment No. 802\/2024 (June 5, 2024)<\/strong> that a father’s disinheritance of his daughter was invalid. The court found that the daughter\u2019s alleged psychological mistreatment\u2014simply not showing affection\u2014was 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).<\/p>\n Can a Disinherited Person Contest It?<\/strong><\/p>\n Yes, they have four years after the testator\u2019s 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.<\/p>\n Is Reform Needed? Current laws heavily protect heirs, sometimes at the expense of the testator\u2019s wishes. A possible reform could limit forced inheritance rights to children under 25.<\/p>\n\n
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