The dispute
The forced share is the inalienable right of the forced heir to receive a minimum part of the deceased's estate. Under the Catalan Civil Code (CCCat), descendants' forced share equals one quarter of the value of the estate, calculated on the assets left plus gifts subject to collation.
The dispute arises when the will favours one heir to the detriment of others, when there are gifts not reflected in the partition, or when the executor or appointed heirs deny the right claiming 'enough was already received during the deceased's lifetime'. Without a rigorous calculation, the forced heir does not know how much to claim or from whom.
Why act in time
The forced share claim is time-barred ten years after the opening of the succession, but waiting weakens your negotiating position: assets are allocated, sold or transferred, and proving the gifts becomes harder.
Moreover, the partition can be closed without the forced heir's consent if the right is not exercised in time. Claiming early makes it possible to halt prejudicial allocations, demand the forced-share top-up in cash or in kind, and negotiate from a quantified, defensible basis.
The firm's strategy
We treat the forced share as a complete asset matter: applying a percentage is not enough — the estate, the gifts and the will must be reconstructed.
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Calculation of the Catalan forced share
We determine the estate, identify gifts subject to collation and apply the CCCat rules to fix the exact amount of the one-quarter forced share, in a clear, auditable report.
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Review of the will and allocations
We analyse the clauses of the will, substitutions, legacies and distributions to detect infringements of the forced share and define against whom the claim should be directed.
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Out-of-court demand
We issue a formal claim with a legal basis and precise amount, opening room for agreement on a cash top-up, allocation of assets or compensation between heirs.
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Court action for the top-up
If there is no satisfactory response, we bring the action for the forced-share top-up, with interim measures where necessary to prevent dissipation of the estate.
