Is it possible to disinherit a child in Catalonia?
Yes, but only in very specific cases.
In Catalonia, children and descendants are forced heirs: they have the right to receive the legítima (forced share), a minimum portion of the inheritance that cannot be withdrawn without a legal cause.
Disinheritance is an exceptional measure and must meet strict requirements.
What is disinheritance?
Disinheritance consists of excluding a forced heir — such as a child — from the right to receive their forced share.
It must be done:
- expressly,
- in a will,
- with a specific cause provided for by law.
If these requirements are not met, the disinheritance can be annulled by a court.
Legal grounds for disinheriting a child in Catalonia
The Catalan Civil Code only allows disinheritance of a child when one of the following grounds exists:
1. Attempting against the life or physical integrity of the testator
Includes physical assault, serious threats, and crimes against freedom.
2. Unjustified refusal of maintenance
When a child refuses to provide maintenance to the parent in situations where they are legally obligated.
3. Psychological abuse or degrading treatment
Very relevant in recent case law.
4. Serious crimes against the testator or close family members
For example, injuries, coercion, harassment, threats, or crimes against moral integrity.
5. Manifest and continued absence of family relationship
This ground, although controversial, is specific to Catalan law and usually requires:
- prolonged estrangement,
- lack of contact not attributable to the testator,
- clear evidence of the child’s disinterest.
How to correctly formalize disinheritance?
It must be done through a notarial will and must include:
- clear identification of the affected child,
- express mention of the specific cause,
- sufficient description of the facts,
- specialized notarial and legal advice.
It is not enough to say “I disinherit my son”: it must be legally justified and precise.
What happens if the child challenges the disinheritance?
The child can go to court to claim their forced share arguing that:
- the cause did not exist,
- the cause was not sufficiently serious,
- the cause was not properly proven,
- the situation was caused by the testator themselves.
If the judge considers that there was no valid cause, the disinheritance is annulled and the child recovers their forced share.
That is why it is essential that the will is well-founded.
Practical example
A mother wants to disinherit her son because they have had no relationship for years.
For this to be a valid ground in Catalonia, it must be proven that:
- the lack of relationship is total and prolonged,
- it is not attributable to the mother,
- it has caused a real affective breakdown,
- the child has acted with serious disinterest.
If there are messages, attempts at contact, or interest shown by the mother, the ground may not succeed.
Frequently Asked Questions (FAQ)
Can I disinherit a child for family conflicts or lack of affinity?
No. There must be a serious legal ground.
Does disinheritance also affect grandchildren?
Not necessarily: descendants usually retain the right to the forced share.
Can I withdraw only part of the forced share?
No. The forced share is indivisible: it is either kept or excluded for a legal cause.
Professional CTA
Disinheriting a child is a legally delicate and emotionally complex decision.
As a lawyer specialized in succession law in Catalonia, I can help you to:
- assess whether there is a sufficient legal cause,
- draft the will with all guarantees,
- and prevent future challenges.
Write to me and I will advise you with total confidentiality.