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.