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.
