A forced heir<\/strong> \u2014also known as a compulsory heir\u2014 is a person to whom the law reserves a portion of the estate, known as the forced share<\/strong>, thereby limiting the testator\u2019s freedom to dispose of their assets.<\/p>\n This means that, even if the testator has not appointed that person as an heir or has distributed the estate in another way, the compulsory heir retains the right to receive the portion legally reserved for them, unless there is a valid ground for disinheritance or another circumstance provided for by law applies.<\/p>\n The forced share may be attributed under any legal title. Therefore, the compulsory heir does not necessarily have to receive it through a formal appointment as an heir: it may also be satisfied through a legacy, a lifetime gift or another valid transfer of assets.<\/p>\n The rules explained below correspond to the Spanish general civil law system<\/strong>. Territories with their own civil law may apply different rules regarding who qualifies as a compulsory heir and what portion of the estate they are entitled to receive.<\/p>\n <\/p>\n <\/p>\n The forced share is defined in Article 806 of the Spanish Civil Code<\/strong> as the portion of the estate that the testator may not freely dispose of because the law reserves it for certain heirs, known as forced heirs.<\/p>\n Article 807 of the Spanish Civil Code<\/strong> establishes who qualifies as a forced heir, while the following provisions determine the extent and form of their rights.<\/p>\n These rules form part of succession law<\/a> and operate as a limit on the testator\u2019s freedom to dispose of their estate.<\/p>\n <\/p>\n Under Article 807 of the Spanish Civil Code, the following are forced heirs:<\/p>\n As a general rule, children and descendants exclude parents and ascendants from compulsory heirship rights. The surviving spouse may inherit alongside either group and has a compulsory usufruct right whose extent depends on the relatives with whom they inherit.<\/p>\n <\/p>\n The portion of the estate<\/a> reserved by law for forced heirs is known as the forced share<\/strong>.<\/p>\n Its amount and structure depend on the group of compulsory heirs involved in the succession.<\/p>\n The forced share of children and descendants consists of two thirds of the estate<\/strong> of the deceased parent or ascendant:<\/p>\n The remaining third is freely disposable and may be left to any person.<\/p>\n The two thirds therefore make up the descendants\u2019 forced share as a whole, although the testator has greater flexibility in relation to the improvement share than to the strict forced share.<\/p>\n Parents and ascendants are forced heirs only when there are no children or descendants with compulsory heirship rights.<\/p>\n Their forced share consists of:<\/p>\n If both parents are alive, the forced share is divided equally between them. If only one survives, that parent receives the entire portion reserved for ascendants.<\/p>\n The surviving spouse is also a compulsory heir. However, as a general rule, their right does not consist of receiving direct ownership of a share of the estate, but rather a usufruct right<\/strong>.<\/p>\n The extent of this right depends on the relatives with whom the surviving spouse inherits:<\/p>\n For this compulsory heirship right to apply, the legal requirements concerning the marriage and the spouses\u2019 circumstances at the time of death must be met.<\/p>\n <\/p>\n A voluntary heir<\/strong> is a person freely appointed by the testator to inherit all or part of the estate.<\/p>\n A forced heir or compulsory heir<\/strong>, by contrast, is legally entitled to receive the forced share even if they are not named as an heir in the will.<\/p>\n The expression \u201cforced heir\u201d used in the Spanish Civil Code does not mean that the compulsory heir must necessarily be formally appointed as an heir. The forced share may be satisfied through different transfers of assets.<\/p>\n <\/p>\n Where the testator has left the compulsory heir less than the amount legally due, that heir may request the supplement of the forced share<\/strong>.<\/p>\n For example, the testator may have allocated most of the estate to a third party, made excessive lifetime gifts or granted the forced heir an amount below the legally protected share.<\/p>\n In these cases, the compulsory heir may bring the appropriate legal actions to:<\/p>\n The appropriate action will depend on how the forced share was prejudiced and on the provisions contained in the will.<\/p>\n <\/p>\n Yes, but only where one of the grounds expressly established by law<\/strong> applies.<\/p>\n Disinheritance must:<\/p>\n The applicable grounds vary depending on whether the person being disinherited is a child or descendant, a parent or ascendant, or the spouse.<\/p>\n The statutory grounds include certain serious conduct against the deceased, physical mistreatment, unjustified refusal to provide maintenance and other circumstances established in Articles 848 to 855 of the Spanish Civil Code.<\/p>\n If the disinherited person denies that the alleged ground is true, the testator\u2019s heirs must prove that it existed. Where the disinheritance does not meet the legal requirements or the stated ground is not proven, it may be ineffective to the extent that it prejudices the forced share.<\/p>\n <\/p>\n A compulsory heir may receive the amount due through different legal mechanisms. The forced share may be satisfied:<\/p>\n What matters is not the legal title used, but that the compulsory heir receives the full value of the portion reserved by law.<\/p>\n <\/p>\n It is a person to whom the law reserves a portion of the estate, known as the forced share, even if the testator has not expressly appointed that person as an heir.<\/p>\n Under the Spanish general civil law system, they are children and descendants; in their absence, parents and ascendants; and the surviving spouse in the manner established by the Spanish Civil Code.<\/p>\n Both expressions are generally used to refer to a person entitled to the forced share. However, a compulsory heir does not necessarily have to receive that share through a formal appointment as an heir.<\/p>\n The testator may freely dispose of the portion not reserved by law, but must respect the forced shares. If those shares are prejudiced, the compulsory heirs may bring the appropriate legal actions to claim what they are entitled to receive.<\/p>\n A renunciation of a future forced share is not valid while the deceased is still alive. Once the succession has opened, the compulsory heir may accept or renounce the rights arising from the estate in accordance with the legal requirements.<\/p>\n Yes, but only through a will, on a ground expressly established by law and in compliance with the other legal requirements. The disinherited child may deny the truth of the alleged ground and challenge the disinheritance.<\/p>\n<\/div>\n <\/p>\n <\/p>\nContents<\/h2>\n
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Legal basis<\/h2>\n
Who are forced heirs?<\/h2>\n
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What are forced heirs entitled to?<\/h2>\n
Children and descendants<\/h3>\n
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Parents and ascendants<\/h3>\n
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Surviving spouse<\/h3>\n
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Difference between a forced heir and a voluntary heir<\/h2>\n
What happens if the forced share is prejudiced?<\/h2>\n
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Can a forced heir be disinherited?<\/h2>\n
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How can a compulsory heir receive the forced share?<\/h2>\n
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Frequently asked questions about forced heirs<\/h2>\n
What is a forced heir?<\/h3>\n
Who are the forced heirs?<\/h3>\n
Are \u201cforced heir\u201d and \u201ccompulsory heir\u201d the same?<\/h3>\n
Can the testator leave the entire estate to another person?<\/h3>\n
Can a compulsory heir renounce the forced share?<\/h3>\n
Can a child be disinherited?<\/h3>\n
Related legal terms and content<\/h2>\n
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Legal sources<\/h2>\n
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