Although the Catalan Portio Legitima is a mandatory right, in certain cases specified by Law, the testator may disinherit their heir(s) (parents who disinherit their children and/or grandchildren or children who disinherit their parents).
When the legitimately disinherited person considers that he has been unfairly disinherited, he may file a legal action for unfair disinheritance, but the burden of proving the validity of the disinheritance will fall on the heir.
The action to file this lawsuit expires four years after the death of the deceased.
The Department of Proceedings of GABARRÓ ADVOCATS –HERÈNCIES- analyses the probability of success of a lawsuit to determine an unfair disinheritance and defends before the Courts those heirs who consider they have been unfairly disinherited or, conversely, defends the heirs who are being sued and who have to prove that the requirements to maintain the disinheritance of an heir are met.
