The legitime and the widowed spouse´s fourth part

We claim the part of the inheritance to which you are entitled by law

The Legitime in Catalonia

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We find the best solution for the legitime in accordance with your interests

The legitime is a part of the inheritance legally reserved for some heirs due to the family relationship they have with the deceased. In such a way that the law establishes that individuals with the right to receive a part of the legitime will acquire a part of the inheritance, equivalent to 25% in Catalonia and generally 33% in the rest of Spain, with the possibility of an increase of another 33%.

The right to the legitime exists regardless of whether the inheritance has been left with or without a will.

Our inheritance lawyers will carry out the pertinent procedures to ensure that your share of the legitime of the inheritance is processed as quickly as possible.

Only those expressly recognised by the Law are legitimate heirs, which in the case of Catalonia are the children and descendants, and in the absence thereof, the deceased´s or testator´s parents, and in the case of Spain, the children and descendants, ascendants and spouse pursuant to the legally established provisions. (Articles 451-3 and 451-4 of the Civil Code of Catalonia and article 807 of the Civil Code).

The legitime is a credit right in Catalonia, and as such the heir must pay the legitimate heir the calculated amount thereof, which is equal to the amount of money arising from the distribution among all the deceased´s legitimate heirs of 25% of the net amount of the assets, rights and obligations of the inheritance, valued at the time of death.

Our specialist inheritance lawyers will help you find tailored solutions such as the reallocation of assets to enable you to collect the legitime or convert part of the inheritance into liquid assets to enable you to pay the legitimate heirs.

Find out about your case and our inheritance lawyers will provide you with the best solution.

The widowed spouse´s fourth part, the right of surviving spouses in Catalonia

Article 452 of the civil code of Catalonia states that in cases in which the surviving spouse or stable partner is in a situation of need, he or she will receive a quarter of the estate of the inheritance once all the applicable taxes and charges have been deducted.

There is a period of three years in which to apply for the legitime from the date of death, so our inheritance lawyers will advise you in the event you need to process the legitime.

The legitime can arise in different situations, both with and without a will. One of the most common cases is when the deceased´s heirs are his/her children from a previous marriage who are required to pay the legitime to the spouse or stable partner at the time of death.

FREQUENTLY-ASKED QUESTIONS REGARDING THE LEGITIME

The legitime in Catalonia is the right granted to certain people to obtain a monetary value as inheritance.

The legitime in Catalonia is equivalent to a quarter of the net assets of the inheritance and must be distributed among all the legitimate heirs.

It constitutes a debt of the inheritance and must therefore be borne in mind when processing the inheritance, as the heir is obliged to pay it.

The amount of the legitime is calculated in accordance with the regulations set forth in article 451-5 of the Civil Code of Catalonia.

It is based on the value of the assets of the inheritance after having deducted the debts and expenses associated with the final illness and burial or cremation, plus the amount of the Donatum, which consists of the assets donated by the deceased in the ten years prior to death.

The legitime in Catalonia is equal to 25% of the Estate.

Any legitimate heir whose inheritance rights have been undermined will have the right to file a challenge in order to claim his/her legitime.

The legitime varies in the different provincial regions and in common Civil Law.

The Civil Code specifies that the Legitime is the part of the assets the testator cannot possess due to the fact that the law has reserved it for certain heirs, hence known as legitimate heirs. Unlike Catalan Law, where the Legitime is a Credit Right, in common Law it consists of a part of the assets the Legitimate Heirs must receive.

Moreover, the Legitime in the Civil Code (common law) is equal to two thirds of the inherited assets, of which the testator is entitled to one of the third parts comprising the legitime to invest it in betterment. The remaining third will be freely available.

The legitime is a right of credit and as such testators can distribute their assets among their heirs as they so desire, although they will subsequently be bound to the legitimate heirs and will have to pay the corresponding share of the legitime.

Yes, you can challenge a disinheritance through which a Legitimate Heir has been deprived of his/her Legitime. Moreover, the legitimate heir may file an action of ineffectiveness, whereby the legacies or donations made are reduced to ineffective, thereby permitting the payment of the legitime.

The calculation of the legitime is based on the real value of the assets, which is usually the market value. In this regard, in the event the heirs and legitimate heirs fail to reach an agreement on the amount, the assets will need to be appraised to obtain an appropriate value in accordance with what would be obtained in the event of a sale, which is then used to calculate the amount of the legitime.

Legitimate heirs have multiple rights to defend their legitimate interests.

First of all, the legitime, unless the testator has prohibited it, will generate interest. Secondly, legitimate heirs have a long period of time in which to claim their rights and are entitled to interrupt the prescription, thereby restarting the period for calculating the legitime.

Legitimate heirs also have multiple legal actions through which to claim their rights, the most important of which are the action to claim the legitime and the action for the ineffectiveness of legacies and donations.

In cases of legitime claims, we recommend having the support of a professional to help you calculate the amount of the legitime and claim it, suspend the deadlines and appraise the legitime in the correct manner, as well as to help you claim it judicially in the event an extrajudicial solution is not achieved.

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