In Spanish succession law, the protection of the legitimate share as the minimum portion of the estate that a forced heir must receive constitutes one of the fundamental pillars. However, this right may be affected when the testator makes lifetime donations that compromise that legitimate share. This is where the action for reduction of unlawful donations comes into play, regulated in Articles 636 to 656 of the Civil Code. This action, designed to restore balance in the inherited distribution, presents multiple theoretical and practical challenges that we will address in this article.
The Calculation of the Legitimate Share and Unlawful Donations
The legitimate share is calculated by including the donations made by the testator during their lifetime, which requires a thorough examination of all property transactions prior to death. According to Article 818 of the Civil Code, effective donations must be considered to determine whether the legitimate share has been respected. This calculation is fundamental, as an incorrect valuation of the donations can lead to significant disputes among heirs.
Recent jurisprudence from the Supreme Court, such as the Judgment of September 14, 2025, has clarified the treatment of certain donations in the calculation of the legitimate share, emphasizing that they must be valued at the time of collation and not at the time of the donation. This criterion seeks to ensure that fluctuations in the value of the asset do not harm the forced heirs.
The Order of Reduction: Partial or Total Unlawfulness
The reduction process follows a specific order, starting with the most recent donations and moving towards the older ones, as stipulated in Article 819 of the Civil Code. This method aims to protect the legitimate expectations of the heirs and prevent an excessive number of donations from distorting the testator's intent.
The reduction can be partial or total, depending on the extent of the impact on the legitimate share. In our daily practice, we have observed that the most common litigations occur when recent donations are insufficient to cover the deficit of the legitimate share, forcing a review of donations from previous years.
Active Legitimacy and Prescription of the Action
The action for reduction can only be exercised by the forced heirs whose rights have been violated, as established in Article 656 of the Civil Code. However, active legitimacy may extend to creditors of these heirs, provided they demonstrate a legitimate interest in restoring the legitimate share.
Regarding prescription, the current regulations contemplate a period of four years from the opening of the succession. However, recent legislative proposals pending in 2026 could modify this period, extending it to five years, which would allow a broader time frame for exercising the action.
Effects on Third-Party Acquirers
One of the most complex aspects of the action for reduction is its impact on third-party acquirers. According to the jurisprudence of the Supreme Court, such as the Judgment of March 2, 2026, the rights of third parties who have acquired in good faith assets subject to reduction must be carefully weighed. In such cases, the principle of protecting legal transactions may conflict with the heirs' right to the legitimate share.
It is crucial, therefore, that professionals advising on these matters thoroughly analyze the chain of transmissions and the knowledge that acquirers may have about the donor's financial situation. Inadequate investigation could compromise the legal security of the transactions.
- Review the donor's donation history when assessing the legitimate share.
- Consider the order of antiquity of the donations for reduction.
- Advise heirs on active legitimacy and prescription deadlines.
Frequent Practical and Litigious Aspects
In the day-to-day of succession litigations, the action for reduction of unlawful donations presents specific challenges. Frequently, heirs are unaware of the full extent of the donations made by the testator, complicating the initial valuation of the legitimate share. Here, access to records and exhaustive documentation is essential.
Moreover, conflicts often arise in families where personal relationships are already strained, which can intensify the dispute. In our experiences, we have seen that mediation and arbitration can be valuable tools for resolving these differences without the need for a lengthy judicial process.
In conclusion, managing the action for reduction of unlawful donations requires not only a deep understanding of the applicable regulations but also a strategic approach to conflict resolution. Tools like LexPartis can assist professionals in organizing and tracking these complex processes, enhancing efficiency and rigor in decision-making.