A court in Málaga has overturned a disinheritance, issuing an important ruling on Spanish inheritance law. According to the judges, it is not sufficient for a parent and child to have had no contact for an extended period of time in order for the child to lose their entitlement to the legally protected share of the estate.
Spain Expat Press Editorial Team
by Marlon Gallego Bosbach
The case shows that family disputes alone do not automatically mean that a relative can be completely excluded from an inheritance. Under Spanish law, a valid disinheritance requires specific legal grounds that must be proven.
Daughter challenges disinheritance
The legal dispute was triggered by a will in which a father excluded his daughter from the inheritance. The reasons cited included the lack of a relationship between the two and the fact that the daughter had not maintained contact with her father for an extended period of time.
However, the daughter refused to accept the decision and took the case to court. She argued that the requirements for disinheritance had not been met and that she was entitled to her legally protected share of the estate.
The Provincial Court of Málaga (Audiencia Provincial de Málaga) ultimately ruled in her favour and declared the disinheritance invalid.
Lack of contact does not automatically constitute serious misconduct
The key issue in the ruling was whether a breakdown in family contact could be considered sufficient grounds for disinheritance.
The court made it clear that a lack of a relationship between parents and children, or years of silence, is not by itself sufficient to deprive a child of their legally protected share of an estate. Under Spanish law, disinheritance is only possible under specific legal conditions.
These include, for example, serious misconduct or legally recognised cases of abuse. A family dispute, emotional distance or the loss of personal contact do not automatically meet these requirements.
Burden of proof lies with the heirs
An important aspect of the ruling is the burden of proof. If a disinheritance is challenged, those relying on the disinheritance must prove that the legal grounds for it actually exist.
In the Málaga case, the judges found that there was insufficient evidence to prove that the daughter’s behaviour amounted to such a serious breach of duty as to justify the removal of her legally protected share of the inheritance.
The question of why the relationship between father and daughter had broken down also played a decisive role. According to the court, family estrangement cannot automatically be attributed solely to one person.
Forced heirship protects children in Spain
Spanish inheritance law differs significantly in this respect from countries where testators have greater freedom in deciding how their assets are distributed. In Spain, children and descendants are generally entitled to a legally protected share of the estate – known as the “legítima”.
Parents therefore cannot simply disinherit their children. Exclusion from an inheritance is only possible if a legally recognised reason exists.
If a disinheritance is declared in a will, the affected heir can challenge it in court. If the court finds that the legal requirements have not been met, the entitlement to the forced share remains.
Family disputes are increasingly ending up in court
The case from Málaga is representative of a series of legal disputes in which courts must distinguish between family conflicts and genuine serious breaches of duty.
Cases in which parents attempt to disinherit their children due to years of estrangement or broken relationships are increasingly being brought before the courts. However, case law regularly emphasises that not every difficult family history automatically justifies the removal of inheritance rights.
What matters instead is whether there has been conduct that, under the legal provisions, permits disinheritance.
Implications for wills and estate planning
The ruling from Málaga is likely to be significant for many families in Spain. It shows that a will alone does not guarantee that a legal heir can be completely excluded from an inheritance.
Anyone planning to disinherit an heir must carefully comply with the legal requirements and document the relevant grounds in a clear and understandable manner. Otherwise, there is a risk that the decision may be challenged in court and overturned after the testator’s death.
