Familia: “Portio Legitima”

The descendants of the deceased are entitled to the Portio Legitima. If the deceased has no descendants, his parents may claim the Portio Legitima.

Catalan Portio Legitima is a quarter (25%) of the estate, to be divided among as many legitimate persons as there are; it has a ten-year limitation period to be claimed.

To determine the basis of the rightful claim, the value of the estate existing at the time of death must be taken into account, as well as the assets donated by the deceased during the last ten years of his life, and debts and expenses must be deducted.

Donations made by the deceased to a beneficiary of the Portio Legitima can be attributed to it.

The heir has the obligation to pay the Portio Legitima – if it is claimed, given the nature of receivable of the Catalan Portio Legitima – and the right to decide how it is to be paid, i.e. with money or with assets from the inheritance.

The most common disputes between the heir and the beneficiaries of the Portio Legitima  are in the appraisal of the assets (actual market value at the date of death); in the calculation of certain assets for the purposes of calculating the Portio Legitima (hidden donations, debts, donations, etc.); in the consideration of certain donations as attributable to the Portio Legitima and in the form of payment of the Portio Legitima.  

We cater to both claimants who demand payment of the Portio Legitima and heirs who have to pay it. In both cases, the philosophy of the firm is the same: to negotiate with the unequivocal aim of reaching an agreement. 

However, if the agreement is not possible, we may, again, find the solution in the Court. 

See JUDICIAL PROCEDURES Lawsuit in exercise of a claim of the Portio Legitima or a supplement to the Portio Legitima

At Gabarró Advocats -Herències- we advise you on the right of Portio Legitima and its evaluation, both from the point of view of the heir and of the Portio Legitima, which requires knowledge of both perspectives and we defend your interests in the negotiation and/or before the Courts.

Despite being mandatory, the law provides some causes which enable disinheriting the beneficiaries of the Portio Legitima.

The disinheritance must be set out in a notarial deed, normally in a will, where the cause shall be specified.

When the disinherited legal representative does not consider the disinheritance to be fair, they may file a legal action for unfair disinheritance, which will be based on the evidence that the parties bring to the trial and which will end with a resolution, which may be appealed against in the Provincial Court and, if the requirements are met, in the High Court of Justice of Catalonia, by means of an appeal in cassation. 

In GABARRÓ ADVOCATS –HERÈNCIES-  we advise you on disinheritances, whether they are to be included in the will or in the defence of the heir or the benifitiary, which implies knowledge of both perspectives and we defend your interests in negotiation and/or before the courts.