Regional inheritance rules (derecho civil foral) in Catalonia, Navarra and beyond

Terms used

• Derecho civil foral — Derecho civil foral is the regional civil law that some Spanish regions apply, including to inheritance.
• Legítima — The legítima is the part of an estate the law reserves for certain heirs, usually children.
• Vecindad civil — Vecindad civil is a Spanish national's regional legal status, which decides which civil law applies to them.
• Usufruct — A usufruct is the right to use a property or its income without owning it.
• Viudedad — Viudedad is the Aragonese right of a widow or widower to use the whole estate.
• Fidelidad — Fidelidad is the Navarrese usufruct a widow or widower has over the estate.
• Troncalidad — Troncalidad is a Biscay rule that keeps rural property within the family line it came from.

Key rules

• Spanish nationals: Your vecindad civil, not where you live, decides whether regional law applies.
• Foreign residents: By default, the law of the region where you habitually live applies, for example Catalan law in Catalonia.
• Navarre: There is no mandatory share for children, only a formal one.
• Percentages: Forced shares differ widely by region, so confirm the current figure in that region's law.

Regional law can replace the common rules

Several regions apply their own civil law (derecho civil foral) to inheritance. It can change how much you must leave to children (the legítima), what your spouse receives and how a will works. Which law applies is decided by vecindad civil, not just by where you live.

The regions with their own rules are Catalonia, Aragon, Navarre, the Basque Country, Galicia and the Balearic Islands. Valencia has a more limited set, and its succession rules have been challenged in the Constitutional Court.

If you are Spanish

Your vecindad civil decides. It is your regional legal status, and it follows you even if you move. Living in a region does not by itself change it. The decision block below sets out the choices.

If you are a foreigner

You have no vecindad civil, so it does not decide your case. By default, the law of the region where you were habitually resident at death applies. A foreigner living in Catalonia is therefore governed by Catalan law by default, and notaries follow this approach. You can acquire vecindad civil through naturalisation or residence, but this does not change the result for a foreigner's estate. If you chose your national law for your estate, the region with the closest connection to you is used. Ask a notary how this works in your case.

What changes by region

These are the headline differences. Percentages vary and reforms occur, so check the regional law before you act.

• Catalonia: the legítima is one quarter of the estate, divided among children. Heirs can pay it in cash. Your spouse has a usufruct over the home and, in some cases, a quarter.
• Aragon: the legítima is one half of the estate, but you can distribute it freely among descendants. Your widow or widower has a usufruct over the whole estate (viudedad).
• Navarre: the legítima is purely formal, with no mandatory share. Your widow or widower has a usufruct (fidelidad).
• Basque Country: the legítima is one third, and your spouse has a usufruct. In Biscay, the troncalidad rule applies to rural property.
• Galicia: the legítima is one quarter for children, and your spouse has a usufruct.
• Balearic Islands: in Mallorca and Menorca the legítima is one third, or one half if there are four or more children. Ibiza is similar. Formentera also differs from Mallorca and Menorca.

What to do

1. Work out your starting point: your vecindad civil if you are Spanish, or your habitual residence if you are a foreigner.
2. Compare that region's rules with the common rules on forced shares and spouse rights.
3. Have a notary in that region check your will against the local law.

The FAQ below answers common questions on foreigners, vecindad civil and Navarre.

Choosing between options

Which inheritance rules apply to your estate: the common Spanish rules or a regional civil law?

• Common Spanish rules: You live in a region without its own civil law, or you are a Spanish national whose vecindad civil is common. Children are then protected for two thirds of the estate.

• Regional civil law through vecindad civil: You are Spanish and hold vecindad civil in Catalonia, Aragon, Navarre, the Basque Country, Galicia or the Balearic Islands. Valencia applies its own rules in a more limited way. Residence alone does not decide this. Forced shares differ: Catalonia one quarter, Aragon one half (freely distributable among descendants), Galicia one quarter, Basque Country one third, Balearic Islands one third (one half with four or more children in Mallorca and Menorca). Navarre has no mandatory share.

• Regional law through habitual residence: You are a foreigner living habitually in one of these regions. You have no vecindad civil, so that region's law applies by default. If you chose your nationality's law, the region you are most closely connected with applies.

Spanish nationals follow vecindad civil, not just where they live. Foreigners follow their habitual residence, or the closest connected region if they chose their nationality's law.

Frequently asked questions

Which law applies to a foreigner living in Catalonia?

Catalan law applies by default to a foreigner who lives habitually in Catalonia. Foreigners have no vecindad civil, so the place of habitual residence at death decides. Notaries follow this approach.

Can a foreigner acquire vecindad civil?

Yes, a foreigner can acquire vecindad civil through naturalisation or residence, but it does not change which law governs the estate. For the estate, habitual residence still decides, or the region with the closest connection if you chose your nationality's law.

Does Navarre have a forced share for children?

No, in Navarre the forced share is purely formal, with no mandatory part of the estate. The surviving spouse gets a usufruct, which is the right to use the property and its income for life.