Challenging a Will: When is it Possible

In the field of inheritance law, contesting a will is a legal process that allows questioning the validity of testamentary provisions for specific reasons recognised by law.

Next, from GVC Abogados, a leading firm in Murcia on inheritance and family law matters, we explain in detail the situations in which it is viable to request the contestation of a will and what the key factors are to initiate this procedure with guarantees.

When can a will be contested?

The contestation of wills in Spain is subject to strictly defined causes by the *Código Civil* (Civil Code). It is essential to consult expert lawyers in inheritance matters to analyse each specific case and maximise the chances of success in the process. Some of the main reasons for contesting a will are:

• Incapacity of the testator: If at the time of making the will, the person did not have the necessary mental capacity to do so according to the law, the will may be declared null.
• Failure to meet legal form: If the will does not meet the formal requirements (for example, if it is not properly signed or not executed before a notary when necessary), there is grounds for contestation.
• Undue influence or coercion: If the testator was pressured, manipulated, or coerced into drafting the will in favour of someone, its nullity can be requested.
• Unjust disinheritance: The law establishes the protection of forced heirs (children, parents, and spouse). If disinheritance occurs without legal grounds, these heirs may contest the document.
• Inclusion of null clauses: Any provision contrary to law or morality within the will may be grounds for partial or total annulment.

Who can contest a will?

The right to contest primarily belongs to those who are considered harmed by the content of the will: forced heirs, legatees, or any person with a legitimate interest in the inheritance. It is common for children, parents, or spouses to initiate the contestation when they believe they have been deprived of their rightful inheritance rights.

Procedure to contest a will

Contesting a will requires following a judicial procedure that normally begins with the filing of a lawsuit before the courts of Murcia or the locality where the deceased had their last domicile. The usual steps include:

• Gather all necessary documentation: will, certificates, and any evidence related to incapacity, coercion, etc.
• File the claim with the support of lawyers specialized in inheritance and succession law.
• Participate in the court hearing, where testimonies and submitted evidence will be evaluated.
• Await the ruling that will decide whether to annul the contested will in whole or in part.

The importance of specialised advice

Facing the contestation of a will requires a deep understanding of family and succession law. The team at GVC Abogados, based in Murcia and with extensive experience in inheritances and succession procedures, offers personalised and rigorous advice to assess the viability of these cases and defend the rights of those who believe their interests in an inheritance have been violated.

Frequently asked questions about contesting a will

• How long do I have to contest a will? The period varies depending on the reason; generally, the statute of limitations is 5 years from the time the reason for contestation is known or from the opening of the succession.
• Do I need a lawyer to contest a will? Yes. It is essential to have lawyers specialising in family and succession law to properly substantiate the reasons and face the process with guarantees.
• What happens if the will is annulled? If the contestation is successful, the inheritance is distributed according to the applicable succession legislation, benefiting the legal or rightful heirs.

GVC Abogados: experts in inheritances and family law in Murcia

Contesting a will can be complex and emotionally delicate. That’s why, at GVC Abogados (García Valcárcel & Cáceres), located at Plaza Fuensanta, 3 – 6ºB, 30008 Murcia, we provide the necessary legal and human support to resolve your case with maximum professionalism and efficiency. If you are looking for family law lawyers, inheritance lawyers, or lawyers in Murcia to contest a will, contact our team and we will study your case in a personalised manner.