Yes, disinheriting a child is legally permissible in Spain under strict conditions outlined in the Civil Code. The 2026 amendments to Law 21/2025 reinforce judicial oversight, requiring valid justification under Article 852-855. Regional civil codes (e.g., Catalonia’s Codi Civil) impose additional constraints, mandating formal notarial procedures and potential court validation.
Key Regulations for Disinheriting a Child in Spain
- Legitimate Grounds Only: The Civil Code (Art. 853) lists 14 specific causes for disinheritance, including severe abuse, abandonment, or criminal convictions against the testator. Generic disinheritance without justification is void.
- Regional Variations: Autonomous communities like Galicia or Navarre impose stricter regional statutes (e.g., Ley 2/2006 in Galicia), requiring local court approval for disinheritance claims.
- Formalities: Disinheritance must be explicitly stated in a notarized will, with the testator’s signature and two witnesses. Failure to comply renders the clause unenforceable under Ley de Jurisdicción Voluntaria (2015).
Disinheritance disputes are adjudicated by provincial civil courts, with appeals heard by the Audiencia Provincial. The 2026 reforms introduce mandatory mediation prior to litigation, aligning with EU consumer protection directives. Legal practitioners must verify regional compliance, as local civil codes may override national provisions.