Quarta vidual in Catalonia: who can claim it and how
The quarta vidual in Catalonia is a right of the surviving spouse or stable partner who, after a death, does not have enough resources to live on. The Civil Code of Catalonia provides for it so that one person’s death does not leave the other without financial cover.
It does not mean you automatically get 25% of the estate. That percentage is the maximum you can receive. The exact amount depends on your situation and on the estate.
The right expires three years after the death of the deceased. If you are in this situation, it is worth getting a clear picture of your rights before the deadline runs out.
What the quarta vidual is and who it protects
It is a right designed to make sure that the surviving spouse or stable partner has the resources needed to cover their needs. It can be claimed when the surviving person does not have enough financial resources to support themselves.
To assess whether you are entitled to it, the following are taken into account:
- your income and your assets,
- the assets that belong to you through the marriage,
- what you receive from the estate.
How much you can receive: 25% is a ceiling, not a guarantee
The quarta vidual does not mean automatically receiving a quarter of the estate. That 25% is the maximum you can receive. The exact amount depends on the personal and financial circumstances of each case.
To set it, the following factors are considered, among others:
- the standard of living during the time you lived together,
- the value of the estate,
- age,
- state of health,
- income,
- future financial prospects.
Who can claim the quarta vidual in Catalonia
Both a surviving spouse and the surviving member of a stable partnership can claim it. You may be entitled to it whether the succession is testate (there is a will) or intestate (there is no will). If you want to know what other rights the surviving person has, we explain them in married or unmarried partner: what inheritance rights does the survivor have?.
There are cases where it cannot be claimed:
- if, at the time of death, the spouses were legally separated or separated in practice,
- in cases of divorce or annulment of the marriage,
- if court proceedings on any of these matters were still pending.
How the quarta vidual is calculated
To calculate it, the assets and liabilities of the estate are taken into account. Certain gifts or other transfers made free of charge by the deceased in the ten years before their death are also considered.
Then, to work out the amount you are entitled to, your needs and your financial situation are assessed, together with the circumstances of the estate.
How long you have to claim it and when it ends
The quarta vidual entitles you to receive a certain amount from the estate. It can be paid in money or in assets, according to the rules set by law.
The right to claim it expires after three years from the death of the deceased. It can also come to an end for other reasons, such as:
- renunciation,
- entering into a new marriage,
- starting a new marital cohabitation before having exercised the right.
Frequently asked questions
Am I automatically entitled to 25% of the estate?
No. The 25% is the maximum you can receive. The exact amount depends on your financial situation and on the circumstances of the estate.
Can I claim the quarta vidual if we were separated?
No. This right cannot be claimed if, at the time of death, the spouses were legally separated or separated in practice. It does not apply either in cases of divorce or annulment of the marriage, or if court proceedings on any of these matters were pending.
If we were a stable partnership, am I entitled to it?
Yes. Both a surviving spouse and the surviving member of a stable partnership can claim it.
How long do I have to claim it?
Three years from the death of the deceased. After that, the right expires. It can also end earlier, for example through renunciation, a new marriage or a new marital cohabitation before the right has been exercised.
Talk to us about your case
The quarta vidual protects people whose financial situation does not let them cover their needs properly. Because the amount depends on each case, the best approach is to look at it with the figures in front of you. At Arias Advocats we have worked exclusively on successions for years, and we can help you check whether you are entitled to it. If you would like to tell us about your situation, get in touch with us.
