Lack of capacity, undue pressure, an infringed forced heirship share (legítima) or an unfair disinheritance. We put you in touch with an English-speaking lawyer who specialises in inheritance.
The person who made the will could not form or express their wishes. The notary's assessment of capacity carries a lot of weight: medical reports from close dates are usually needed.
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Defects of consent
It was made under violence, deceit or fraud; for example, someone who isolates and pressures an elderly person into leaving them their assets.
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Infringement of the forced heirship share
A forced heir receives less than their forced heirship share. It is not annulled in its entirety: what is claimed is the top-up (complemento de la legítima) or the reduction of the provisions that go beyond the limit.
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Unfair disinheritance
It is only valid on the grounds listed in the Civil Code (arts. 848 to 857). If the disinherited person denies the ground, the other heirs must prove it.
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Contesting a will (impugnación de testamento) means asking a judge to annul it, in whole or in part, or to correct the distribution. Disagreeing is not enough: you need a legal ground and evidence.
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Psychological abuse and disinheritance
Since 2014, the Supreme Court has accepted that psychological abuse (continued abandonment and contempt towards a father or mother) can fall within the “maltrato de obra” (ill-treatment by deed) that allows disinheritance. A poor relationship is not enough: serious conduct attributable to the child has to be proved.
There is no single deadline: nullity for lack of capacity or defects of consent, the omission of a forced heir (preterición: leaving them out entirely) and the top-up of the forced heirship share have different time limits. Seek advice as soon as possible, without waiting for the estate to be divided, and do not sign anything without taking advice.
In order
How to contest a will, step by step
Four steps, in order: from the certificate of last wills to the claim.
1Obtain the certificate of last wills (certificado de últimas voluntades) and an authorised copy of the will.
2Gather the evidence: medical reports, witnesses, documents and bank transactions.
3Try to negotiate with the other heirs: many disputes are settled with an agreement when the estate is divided.
4If there is no agreement, the lawyer files a claim at the court of first instance, with a court representative (procurador).
Don't let time slip by
Do you think the will is unfair to you?
Actions to contest a will have time limits and evidence gets lost. Tell us about your case and a specialist inheritance lawyer will assess it.
Who has died, what the will says and why you think it is unfair to you.
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02A specialist
An inheritance lawyer assesses it
A bar-registered lawyer specialising in inheritance assesses whether there are grounds and contacts you.
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03No obligation
You decide with all the information
You know the options, the evidence needed and the quote before you claim anything.
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Want to contest a will?
Tell us what has happened: a specialist inheritance lawyer will assess whether there are grounds and what evidence you need.
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Frequently asked questions
Questions about contesting a will
Who can contest a will?
Anyone with a legitimate interest: forced heirs who have been harmed, those who would inherit under an earlier will or with no will and, in some cases, legatees.
How much does it cost to contest a will?
It depends on the complexity and the value of the estate: a lawyer, a court representative (procurador) and, if you lose, the risk of paying the costs. Ask for a quote in writing before you start.
Can I contest a will after accepting the inheritance?
Be careful: accepting without reservations or signing the partition can be interpreted as agreement and make contesting the will harder. Consult a lawyer before signing anything.
What happens if the will is annulled?
If it is annulled in its entirety, the previous will becomes valid again or, if there is none, the estate is divided according to the law. If only a forced heirship share was infringed, the distribution is corrected.
Is it easy to prove that someone lacked the capacity to make a will?
No. The law presumes capacity and the notary assesses it at the signing: medical reports from close dates, medical records and, often, witnesses or experts are needed.
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