What is the strict forced share?
The strict forced share is the calculation of the portion corresponding to the compulsory heirs based on the total estate value (relictum + donatum). Once this total has been determined, it is divided into as many shares as there are compulsory heirs. The division of the forced share varies depending on the applicable succession law.
Contents
Forced share of descendants
Under Article 808 of the Spanish Civil Code, the forced share of children comprises two thirds of the estate, while the remaining third is freely disposable. These two thirds are divided into:
- Strict forced share: the third reserved exclusively for compulsory heirs.
- Improvement third: the third that may be allocated to one or more children, forming what is known as the “extended forced share” or legítima larga, which represents two thirds of the estate.
Where a compulsory heir has a disability, the testator may make arrangements in favour of the other heirs, with the legacy received being subject to a fideicommissary substitution over the remaining assets.
Forced share of ascendants
This applies on a subsidiary basis where there are no descendants. The right of representation does not apply and, in the event of renunciation or incapacity, the relevant portion accrues to the ascendants of the same degree under Article 925 of the Spanish Civil Code.
- If both parents are alive, they are entitled to half of the estate, divided equally between them under Article 809 of the Spanish Civil Code.
- If the parents are deceased but there are ascendants of the same degree, the estate is divided by family branch.
- If they inherit alongside the surviving spouse, the forced share is reduced to one third.
Other considerations
The surviving spouse receives special protection in the distribution of the estate. In the case of unmarried partners, the parents’ forced share may amount to half of the estate. The testator may also recommend that the ascendants renounce their forced share in favour of the surviving spouse, although this cannot be imposed upon them.
Conclusion
The strict forced share ensures that compulsory heirs receive the minimum portion established by law. For descendants, it corresponds to the strict forced-share third and may be increased through the improvement third. For ascendants, it applies on a subsidiary basis. The Spanish Civil Code and established case law consolidate this system to ensure a fair and balanced distribution of the estate.
Frequently asked questions about the strict forced share
What is the strict forced share?
It is the part of the estate reserved by law for compulsory heirs, meaning descendants or, in their absence, ascendants.
What is the difference between the strict forced share and the extended forced share?
The strict forced share represents one third of the estate, while the extended forced share combines that third with the improvement third, reaching a total of two thirds of the estate.
Who are the compulsory heirs?
They are the descendants, such as children and grandchildren, or, in their absence, the ascendants, such as parents and grandparents. The surviving spouse is entitled to a usufruct over part of the estate.
Can the testator deprive an heir of the strict forced share?
No, except in the specific cases of disinheritance established by the Spanish Civil Code and where the legal grounds are duly justified.