When can I challenge a will in Spain?
Real Estate
Most of the time it happens?
In many cases, one of the heirs may be affected by the provisions of a will. In these cases, contesting a will is a mandatory process, but this procedure has a number of civil law requirements.
How is a will challenged?
First, in order to challenge a will, you must have the status of heir, and second, mistakes must have been made that make it possible for the will to be declared void.
Among the most common errors are the non-justification of disinheriting one or more legitimate heirs, the inability of the testator at the time of making the will or other assumptions such as deception or coercion in the testator.
What is the statute of limitations for contesting a will?
The general statute of limitations for contesting a will is 15 years from the day the testator died or from the moment the heir received a valid and authorized copy of the will he wishes to contest.
EXAMPLE
We are faced with an inheritance in which a legitimate son is disinherited; this cause may hide an impugnation of the will. The legitimate child or affected heirs will have to prove the reasons why the will should be challenged, without any reason, and therefore without just cause, there will be no nullity of the will.
Contact us, and our law firm, Forcam Lawyers, will study your specific case.
At Forcam Abogados we have:
Law fim in Barcelona
Law firm in Madrid
Law firm in Reus
In many cases, one of the heirs may be affected by the provisions of a will. In these cases, contesting a will is a mandatory process, but this procedure has a number of civil law requirements.
How is a will challenged?
First, in order to challenge a will, you must have the status of heir, and second, mistakes must have been made that make it possible for the will to be declared void.
Among the most common errors are the non-justification of disinheriting one or more legitimate heirs, the inability of the testator at the time of making the will or other assumptions such as deception or coercion in the testator.
What is the statute of limitations for contesting a will?
The general statute of limitations for contesting a will is 15 years from the day the testator died or from the moment the heir received a valid and authorized copy of the will he wishes to contest.
EXAMPLE
We are faced with an inheritance in which a legitimate son is disinherited; this cause may hide an impugnation of the will. The legitimate child or affected heirs will have to prove the reasons why the will should be challenged, without any reason, and therefore without just cause, there will be no nullity of the will.
Contact us, and our law firm, Forcam Lawyers, will study your specific case.
At Forcam Abogados we have:
Law fim in Barcelona
Law firm in Madrid
Law firm in Reus