A widow/er or life partner who, on the death of their spouse or partner, is not in a sufficient financial position to meet their needs because they do not have sufficient assets of their own, nor do have they received sufficient assets from the inheritance and/or the settlement of the marriage, may claim the necessary amount from the heir, up to a maximum of one quarter of the liquid assets of the inheritance (assets minus liabilities).
The concept of “meeting their needs” must be determined by taking into account the standard of living that the widow or widower had during the deceased’s lifetime; the inherited estate; their age; their state of health; the salary or income that they may have and the foreseeable economic prospects, among other elements.
The Department of Proceedings of GABARRÓ ADVOCATS –HERÈNCIES- analyses the viability of the case and defends, before the Courts, the widow/er or surviving partner who claims the Quarta Vidual or, conversely, the heirs being sued in a Quarta Vidual claim.