How the reserved share works in Catalonia
The Catalan legítima is nothing like the Spanish common-regime version. It is less, it is money rather than assets, and it lapses after ten years. Confusing the two is the costliest mistake here.
What it is
It is the right of certain close relatives to receive a share of the value of the estate, even if the testator did not want to leave them anything.
The essential difference is its nature: in Catalonia it is a monetary claim, not a share of ownership. The claimant is a creditor of the heir, which lets the heir pay in cash and keep the estate intact.
Who is entitled
Children and their descendants. If the deceased leaves no descendants, the parents.
The spouse or partner is not entitled to the reserved share under Catalan law. They have a separate right, the widow’s quarter, which only applies where the survivor lacks sufficient means.
How much it is
The total reserved share is one quarter of the value of the estate, divided among all entitled claimants.
The base is the value of the assets at death, less debts and the costs of final illness and burial, plus gifts made in the ten years before death.
Can it be waived?
After death, yes. And in Catalonia, unlike the common regime, it can also be waived during lifetime through a succession agreement, subject to strict requirements. This is a standard tool in family business planning.
Tell us about your case
First assessment at no cost. We tell you whether you have a case, what deadlines apply and what it would cost.
About this guide.
How long is there to claim?+
Ten years from the date of death. Do not run it down: rebuilding the inventory and evidencing old gifts becomes harder over time.