Excluding Forced Heirs due to a Lack of Personal Relationship with the Deceased in Spain in a Comparative Perspective

Forced heirship is considered a limit on the freedom of will deceased in favour intergenerational solidarity. It involves that some relatives, usually descendants, have right to claim share deceased’s assets or estate. Although recognized most EU jurisdictions, authors discuss about need regulate this institution taking into account new family models and societal changes. In fact, debate has been intensified due COVID-19 pandemic, which showed several elders died alone nursing homes without support, part their shall be reserved relatives. This paper analyses legal framework forced Spain examines extent it possible exclude lack personal relationship with beneficiaries view comparative models.