The Catalan reserved share, or legítima, gives certain people a right to obtain a financial value from an estate where that succession regime applies. It does not automatically make each person entitled to a reserved share the owner of a quarter of all the deceased's assets.
Who may be entitled to a reserved share
Book Four of the Civil Code of Catalonia regulates the rights of descendants and, in the cases provided for, parents. Family composition, earlier deaths and the applicable rules on representation or distribution must be reviewed.
Being related does not mean every relative has a reserved share. Nor is knowing where a home was located enough: before calculating, the applicable succession law must be determined and the will and other dispositions reviewed.
One collective quarter, not a quarter for each child
The total reserved share is linked to a quarter of the calculation base determined under the law. That base does not always equal the sum of account balances and properties on the date of death: debts, expenses and gifts that must be taken into account may be relevant.
It is then necessary to establish who participates and which allocations must be credited against each entitlement. Dividing the apparent value of the estate by four and repeating that amount for each child therefore leads to errors.
Previous gifts and payments
A gift may affect calculation, crediting against an entitlement or other claims, but its treatment depends on the legal requirements. Prepare deeds, transfers and documents explaining dates, beneficiaries and purpose. Not every form of financial help within a family has the same effect.
It must also be checked whether the will makes allocations to the person entitled to a reserved share and how those allocations are valued. The name used in a clause does not replace an analysis of its content and consequences.
How to prepare a claim
Gather succession certificates, the will, financial information and documents concerning the relevant allocations. A clear request should distinguish the basis of the entitlement, the information available and the matters still to be assessed.
Deadlines, grounds for disinheritance, a possible omission of a person entitled to a reserved share or insufficient assets may raise different issues. It is not advisable to apply a single deadline to all of them or assume disinheritance is valid or invalid after reading only one sentence of the will.
Frequently asked questions
Can I demand a share of every property?
The reserved share is an entitlement to value with its own rules for satisfaction. The method of payment and the specific assets require the case to be examined.
If I received a gift, can I no longer claim anything?
This depends on its legal treatment, value and the other circumstances. The existence of a gift does not provide an automatic answer.
You can consult our family and inheritance service to organise the succession review. This article does not calculate a particular reserved share or replace a review of the deceased's dispositions.
