77% of Spaniards admit to conflicts over inheritance: What are the most common problems (and their solutions)?

At G. Elías&Muñoz Abogados, as lawyers specialising in inheritance law, we are seeing a gradual increase in disputes relating to inheritance: siblings who stop speaking to each other, long and costly court cases over disagreements about how to value the assets of an estate, lawsuits for disinheritance... Disputes between heirs are quite common in Spain. In this article, we analyse the most common problems in inheritance cases and how they can be resolved.

The data speaks for itself:

• According to a recent study, the main source of legal conflict for 77% of Spaniards is inheritance.
• Litigation between siblings, grandchildren, and spouses in the event of a previous divorce is becoming increasingly common in inheritance cases.

Below, we analyse the most frequent conflicts.

Two heirs want to sell and one does not

A case like this was analysed by the Provincial Court of Girona in 2025. The case was as follows: the parents had died and two siblings had inherited two properties. The heirs could not agree on the sale of the properties, a commercial premises and a residential property, and one of the heirs took exclusive use of the two properties without the consent of the other heir, who sued to obtain the division.

The Provincial Court of Girona issued a ruling requiring the properties to be sold and the proceeds from the sale to be divided between the siblings.

Therefore, if two heirs want to sell and one does not, there are two options:

• The heirs who do not want to sell can buy out the other heir's share.
• Everyone can sell the properties to a third party.
• If no agreement can be reached on either of these options, the matter must be taken to court.

One heir suspects that another has manipulated the deceased in order to inherit more

Suspicions about the manipulation of the deceased are another of the most common causes of conflicts between heirs and the contesting of wills.

It is quite common for a child, for example, to take care of their father or mother during the last years of their life and for them to reward them with the inheritance by giving them more than the rest. These types of situations cause problems because the other children often think that the child who has inherited more has manipulated their parents.

These cases are difficult to prove and may go to court, but it is essential to negotiate to try to resolve the problem before going to court.

Disinheriting one of the children

A few days ago, we analysed a case of disinheritance due to psychological abuse on the blog. This is also a common cause of conflict between heirs. In the case we looked at, the Provincial Court of Albacete relied on the doctrine of the Supreme Court to argue that psychological abuse is a form of physical abuse, and considered that the will in which the grandmother disinherited her granddaughters for psychological abuse was valid.

In these cases, it is also possible to challenge the will in court and prove that there was no cause for disinheritance or that there was a reconciliation with the testator, for example.

Disagreement over the valuation of inherited assets

This is a source of conflict. In many cases, there are valuable items, jewellery, paintings, real estate or other assets that the heirs value differently, which affects the distribution of the inheritance. This can lead to a deadlock.

In such cases, an accountant-partitioner may be called upon. This may be a solicitor or notary with experience and must be impartial to all parties involved in the inheritance. If no agreement can be reached, the matter may also be taken to court.

Problems relating to family businesses

Sometimes, an inheritance includes a family business, and the heirs cannot agree on key issues such as how the business should be managed, who should run it, or whether it should be sold. To avoid these problems, it is essential to have a family protocol in place that regulates:

• The rules by which the business should be managed.
• How succession to the management of the company will take place.
• How the decision-making process is carried out.
• What role each family member assumes in the management of the company and how they are remunerated.
• How the profits of the business are distributed.
• How new family members or third parties are incorporated into the company.

Paying high taxes

Paying inheritance tax is another common problem among heirs, because the amount payable can be quite high in autonomous communities where tax allowances are lower. This can mean that some heirs block the distribution of the inheritance because they do not have the money to pay the taxes or that some of the inherited assets have to be sold to meet the payment.

To avoid these problems, it is essential to plan the inheritance and see what tax deductions can be applied. You can also consider making donations during your lifetime, assessing whether the tax burden is lower. On the other hand, you should check whether it is possible to extend the deadline for payment or sell some of the assets in the inheritance to pay the taxes.

The distribution of inheritances can give rise to family disputes, personal problems between heirs and other conflicts that delay the allocation of assets and, in some cases, end up in court. It is essential to bear in mind that legal proceedings have an uncertain outcome, can be protracted and involve associated costs such as solicitors' and barristers' fees, property valuation costs and other types of documents or evidence that may be required.

In short, it is essential to seek the advice of a team of solicitors who are experts in inheritance and conflicts between heirs, who can promote an agreement or, if the case goes to court, manage the proceedings. Contact our team of inheritance lawyers.