Can I disinherit a child?
No, except for very specific legal causes. Under Spanish common law, children and descendants are forced heirs entitled to the legítima: two-thirds of the estate. Of those two-thirds, one is the strict legítima (split equally) and one the 'mejora' third (which you can freely assign among children or grandchildren); only the remaining third is freely disposable. So you can't freely disinherit a child. Disinheriting is only possible for one of the set causes in the Civil Code (physical abuse, serious insults, unjustifiably denying support, etc.), which must be stated in the will and, if challenged, proven. Some regions with their own civil law have different rules.
📋 The rules
- Children/descendants are forced heirs (legítima)
- Legítima: two-thirds of the estate
- Only the freely disposable third is shared without restriction
- Disinherit: only for a set legal cause (Civil Code)
- The cause must be stated in the will and provable
🔓 Exceptions
- Regions with their own civil law (Basque Country, Navarre, Catalonia, Aragon…): own legítima rules
- Unworthiness to inherit (serious crimes against the deceased): exclusion
- With no descendants, the legítima goes to ascendants or the spouse
⚠️ Penalties & fines
A will trying to disinherit a child without a legal cause or beyond what's allowed is challengeable: the harmed child can bring an action to claim their legítima. Gifts reducing the legítima can also be reduced when dividing the estate. To plan your succession within the law, consult a notary, who ensures the legítima is respected and the will is valid.
📎 Official sources
- BOE · Civil Code (legítima, art. 806 ff.) →
- Administración · Inheritance and legítima →
- General Council of Notaries · The legítima →
❓ Frequently asked
Can you disinherit a child in Spain?
Not freely. Children are forced heirs entitled to the legítima, which is two-thirds of the estate. Disinheriting is only possible for one of the set causes in the Civil Code, which must be stated in the will.
What part of the estate can I leave freely?
Only the freely disposable third. Of the other two-thirds (the legítima), one is split equally among the children (strict legítima) and one is the 'mejora' third, which you can assign among children or grandchildren.
What are the causes to disinherit?
Those listed in the Civil Code: physical abuse or serious insults to the deceased, unjustifiably denying support, attempting their life, among others. They must be stated in the will and, if the child denies them, proven in court.
What if I disinherit without a cause?
The will is challengeable and the harmed child can claim their legítima. Gifts harming the legítima can also be reduced when dividing the estate. The legítima is a matter of public order.
Are there regional exceptions?
Yes. Regions with their own civil law (Basque Country, Navarre, Catalonia, Aragon, Galicia, Balearics) have different legítima rules, some more flexible. Check the applicable civil law.
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