Limit wills: mandatory heir reserves

Manuel Hernández García, a lawyer and director at Vilches Abogados, said on May 13 that Spanish law does not let a person dispose of an estate “libremente sin límites” even if they make a will. In comments published by COPE, Hernández said the Civil Code sets aside a mandatory portion of the inheritance for certain heirs, usually children, through the system known as the legítima. Spain’s Civil Code is the governing national framework the COPE article points readers to, and the official consolidated text on the Boletín Oficial del Estado, or BOE, shows the law was last updated on January 3, 2025. That matters for readers in places such as Ourense because a will drafted under Spanish civil law has to fit within those mandatory heirship rules unless a different regional civil regime applies. (cope.es) ### What is the “legítima” that Hernández says limits a will? COPE quoted Hernández as saying the Civil Code establishes “la llamada ‘legítima’,” a part of the estate “reservada obligatoriamente a determinados herederos.” He said that means a parent generally cannot cut children out of an inheritance except in very specific cases. (boe.es) The BOE’s consolidated Civil Code identifies the section on “las legítimas” within the law’s succession rules, confirming that forced shares are part of the national inheritance framework rather than a private drafting choice. The same BOE compilation also separates the rules on “mejoras” and the rights of the surviving spouse, showing that Spanish inheritance planning divides the estate into legally defined portions. (cope.es) ### How much of an estate can a person actually leave freely? COPE’s report says the estate is not fully disposable because part of it is legally reserved, and Hernández said the will still allows planning “dentro de los límites de la legítima.” He said those limits still leave room to favor one child over another, assign specific assets, or appoint guardians for minors. (boe.es) Spanish legal practice commonly describes the estate under the Civil Code as split into a strict forced share, an improvement share that can be used to benefit descendants, and a freely disposable third. COPE’s own earlier explainer on inheritances described that three-part structure and said the free-disposal third passes to forced heirs if a will does not direct it elsewhere. (cope.es) ### Can someone disinherit a child just by saying so in a will? COPE reported Hernández said children cannot be left without inheritance “salvo en casos muy concretos.” That aligns with Spanish court disputes over disinheritance, including a 2025 Albacete case reported by COPE in which a court voided clauses excluding a son and recognized his right to the legítima after finding no sufficient legal cause had been proved. (cope.es) A 2023 Supreme Court ruling reported by COPE also said a testator’s statement alone was not enough proof to deprive a daughter of her legítima. Those cases do not rewrite the Civil Code, but they show that disinheritance in Spain is constrained by statute and can be challenged in court. (cope.es) ### Does making a will still matter if the law reserves part of the estate? Hernández said yes. COPE quoted him saying a notarial will is simple, inexpensive and can be changed at any time, and that it remains the most effective way to organize an inheritance and avoid disputes among heirs. (cope.es) The same article said a will takes effect only on death, unlike a donation, which transfers the asset immediately. Hernández said that distinction matters because a donor loses control of the asset once the donation is made, while a testator keeps control until death. (cope.es) ### What should readers in Ourense or elsewhere in Spain check next? The BOE’s consolidated Civil Code is the primary source for the current national rules, and COPE’s May 13 article identifies Manuel Hernández García and Vilches Abogados as the named participants explaining how those rules work in practice. Anyone preparing a will in Spain would need to review the vigente Civil Code text and then confirm whether regional civil law or family circumstances change the default distribution. (cope.es)