The quarta falcídia

Many clients who come to Arias Advocats ask about wills and the administration of their inheritance, but in many cases they are not aware of all the rights they may have by virtue of their relationship with the deceased.

The quarta falcídia is one of them.

What is the quarta falcídia?

The quarta falcídia is the right that Article 427-40 of the Civil Code of Catalonia grants to the heir to receive ONE QUARTER of the estate, unless the testator has prohibited it.

It protects the heir against an inheritance that could be excessively reduced because it is burdened with legacies.

What do I need to do to claim it?

The most important thing is that, when you accept the inheritance and the will, you state that you are also claiming the quarta falcídia. Otherwise, you lose the right to claim it.

You may also be deemed to have waived it if, knowing that you are entitled to reduce the legacies left by the deceased, you hand over and pay the excessive legacies in full without applying the reduction.

To retain the quarta falcídia, the heir must draw up an inventory in the time and manner provided for fideicommissary substitutions: “within SIX MONTHS from the moment the fiduciary knows or can reasonably know that the fideicommissum has passed to them”. In general, this is understood to mean six months from the death.

In any case, the quarta falcídia must be claimed within FOUR YEARS of the death under the Civil Code of Catalonia, and within FIVE YEARS under the Spanish Civil Code.

How is the quarta falcídia calculated?

The net estate includes all the assets left by the deceased, including:

• The legacies
• Debts owed by the heir to the deceased
• Debts cancelled by legacies forgiving a debt

The following are not included:

• Assets allocated specifically in a succession agreement or by gift on death.

The following must be DEDUCTED from the value of the assets:

• The debts of the estate.
• The costs of the deceased’s last illness and burial or cremation.
• The amount of the forced shares, including that of the heir if they are also a forced heir.

The value of the assets and debts is taken as at the date of death, and any charges on the assets must be deducted from their value, except security interests.

In any case, the quarta falcídia cannot reduce legacies of the testator’s own debts, legacies left to the forced heirs as their forced share (or counting towards it, to the extent they cover it), legacies of maintenance, or legacies the testator ordered to be paid in full.

Legatees can avoid the reduction of their legacies by paying the heir the quarter in cash.

How is it claimed?

The quarta falcídia can be claimed out of court or in court. In any case, it is advisable to get good advice and rely on an expert.

As the testator, can I prohibit this right?

Yes. The only way to exclude this right is for the testator to state in the will that it may not be claimed. Otherwise, the heir can claim it.