- Portio Legitima claim:
This is a claim for the Portio Legitima to be paid, when the beneficiary has not received anything during the lifetime of the deceased or by inheritance.
- Claim of supplement to the Portio Legitima:
On the other hand, this will be a claim of supplement to the Portio Legitima when the beneficiary has received donations during his life attributable to or on account of the Portio Legitima and/or has been favoured in the inheritance, but that what he has received is not sufficient to cover the total that corresponds to them as the beneficiary of the Portio Legitima.
- Judicial consignment of the Portio Legitima:
As heirs, we can judicially or by notary consign the amount of the Portio Legitima to comply with the legal obligation to pay.
Likewise, we can notify the beneficiary that we have set aside specific assets of the inheritance to cover their Portio Legitima.
- Precautionary measures of preventive annotation of the claim:
As legal beneficiaries, we can file a lawsuit claiming the Portio Legitima or supplementing the Portio Legitima and, if deemed appropriate, we can request the adoption of the precautionary measure of preventive annotation of the lawsuit in the Property Registry on the properties of the inheritance, to guarantee payment of the Portio Legitima, given that it will be publicly recorded that a lawsuit is filed claiming the Portio Legitima.
The Organic Law on Data Protection (LOPD) has limited the legitimate right of the beneficiaries of the Portio Legitima to obtain much necessary information in order to appraise the Portio Legitima, such as the hereditary bank balances, the bank statements or the tax returns of the deceased. If the heir does not provide it, this information can be requested to the Court and only then will it be possible to determine what corresponds to the beneficiary.
- Qualitative intangibility of the Portio Legitima:
The beneficiary who might consider that the assets with which the heir intends to pay them are not suitable, may request the Court to declare the assets unfit because it affects the qualitative intangibility of the Portio Legitima.
This judicial procedure is settled in the seat of Voluntary Jurisdiction and the beneficiary cannot argue that he does not like the goods, but has to prove that they are not useful for the settlement of the Portio Legitima, for example, because it is an unproductive and unsaleable piece of “land”.
The Department of Proceedings of GABARRÓ ADVOCATS –HERÈNCIES- analyses all the aspects related to the Portio Legitima, evaluates the need to request precautionary measures, of judicial or notarial consignment of the Portio Legitima on the part of the heir and defends before the Courts both the rights of the heirs who have been sued or the rights of the beneficiaries of the Portio Legitima who file a lawsuit to claim their legitimate rights.
- Non enforceability action: reduction or suppression of bequests and donations:
When an heir’s inheritance is not sufficient to cover the Portio Legitimae demanded or, even his own Portio Legitima the assets bequeathed in the will may be reduced, or, if necessary, deleted entirely.
If, after such reduction or deletion, the Portio Legitima are still not covered, the heir may reduce of delete donations or disposal free of charge carried out by the deceased during the last ten years prior to their demise.
This action may be brought by the beneficiary of the Portio Legitima in order to ensure their right, should it be deemed necessary.
The Proceedings Department of GABARRÓ ADVOCATS –HERÈNCIES- defends the heir or the beneficiary of the Portio Legitima who may request, before the Courts, the reduction of legacies and/or donations due to on enforceability of the Portio Legitima and, likewise, the rights of the beneficiaries of donations who are sued.