Contest a Will in Spain

Who this is for

A will is a document in which a person says who should get their property after they die. This service is for people who believe a will has treated them unfairly or left them out. Often they are family members or people who depended on the person who died. They may feel the will does not show what that person really wanted, or that it is not valid, for example because someone pressured or tricked the person, or the person was not able to understand what they were signing.

In the country, children of the person who died may also be entitled by law to a minimum share of what was left. This is called forced heirship. A child who did not receive that share may be able to challenge the will.

Anyone with a real interest or claim can challenge a will. Nationality does not matter, so both residents and people living elsewhere can do so.

How it works

• A first meeting to hear your concerns and read the will and related papers.
• A check of whether the will is valid and what grounds there may be to challenge it.
• Preparing a claim and filing it with the right court.
• Collecting evidence to support the claim.
• Talking with the other people involved to look for a fair agreement.
• Arguing the case at court hearings.
• Regular updates at every step.
• Bringing the matter to an end, either by a court decision or by an agreement.

Why it matters

A successful challenge can lead to a fairer sharing of what was left, closer to the real wishes of the person who died. Leaving the case to professionals can reduce stress and save time, and looking for an agreement where possible may help protect family relationships.