Do you have to pay the legal costs of a trial if another heir refuses to divide the inheritance?

There are cases in which it is not possible for the heirs to reach an agreement on how to divide the inheritance. There can be many reasons for this: they cannot agree on the valuation of the assets, one of the heirs does not agree with the distribution that has been made, or simply refuses to negotiate. In these cases, an heir can file a lawsuit in court to request that the judge divide the inheritance. This involves costs: solicitor's and advocate's fees, among others. The question is: who pays for the costs of the trial in these cases? We analyse this in this article, considering a recent Supreme Court ruling that examines a case of this type.

How are legal costs regulated en costas?

Legal costs are those that may be imposed on the party to a lawsuit whose claims have been rejected by the court. If such costs are imposed, the party must pay the other party to the lawsuit the expenses incurred in that lawsuit.

Costs are regulated by Articles 394 et seq. of the Civil Procedure Act. Specifically, Article 394 establishes that in declaratory proceedings, the costs of the first instance shall be imposed on the party whose claims have been rejected, unless the court considers, and so reasons, that the case presented serious doubts of fact or law.

In other words, as a general rule, the losing party is, in principle, ordered to pay the costs.

If the claims are partially upheld or dismissed, each party to the proceedings shall pay the costs it has incurred and the common costs shall be paid in equal shares. However, if one of the parties has acted recklessly, it may be ordered to pay all the costs of the proceedings.

The imposition of costs in the case of inheritance proceedings

On 14 October 2025, the Supreme Court handed down a ruling in which it considered that the costs of the trial could not be imposed on the heir who had brought the judicial division of the inheritance, since the other heir had refused to settle the inheritance out of court.

The case was as follows: a woman with two children died. The daughter tried to reach an agreement with her brother to divide the inheritance, but the brother did not cooperate, so the daughter decided to file a lawsuit and request the judicial division of the inheritance. The case was analysed by the Court of First Instance No. 1 of Reus, which approved the division and declared that each party should bear the costs of the proceedings. The brother appealed the decision to the Supreme Court so that his sister would be ordered to pay the costs. However, the Supreme Court considered that it was not appropriate to impose the costs on the sister, as the filing of the lawsuit was a consequence of the brother's refusal to divide the inheritance. In addition, the court imposed the costs of the appeal, which was dismissed in its entirety, on the brother.

What are the costs and expenses involved in inheritance division proceedings?

The general procedure for the judicial division of an inheritance has three essential phases:

• The formation of the inventory, which is the phase in which the assets to be included in the inheritance are indicated.
• The appraisal or valuation of the assets. In this stage, each asset in the inheritance is valued.
• And the distribution of the assets among the heirs. The assets are distributed according to the testator's wishes.

As a result of the above, the expenses that may arise from a judicial division of the inheritance are as follows:

• Lawyer's fees (who assume the defence in court) and solicitor's fees (who represent the parties in court) for each party to the proceedings. These fees are set by the relevant bar associations and solicitors' associations and may vary from city to city.
• Fees for the appraiser who values the assets. Fees may also vary depending on each professional.
• Fees for the partitioner if they intervene because the heirs cannot agree on the distribution of the assets. In this case, the same applies: each professional can charge the amount they deem appropriate.

In general, in inheritance cases, due to the complexity of the matters that come to trial, costs are usually imposed on one of the parties if it is considered that there has been recklessness. Otherwise, the costs are usually shared, so that each party bears their own costs.

How are costs assessed?

We have seen what the law says and what the Supreme Court has ruled on a specific case involving the payment of costs in a legal proceeding for the division of an estate, but the costs must be assessed, that is, their specific amount must be established.

The assessment of costs is the procedure by which the exact amount of costs to be paid by the party ordered to pay them is determined. Documents proving the amounts must be submitted, and the court clerk (LAJ) or judge will determine, on the basis of the documentation submitted, the amount of the costs so that they are always legal and proportionate.

The process is as follows:

• Submission of the application for assessment of costs by the lawyer representing the interested party.
• The court checks the invoices and supporting documents submitted.
• The exact amount is calculated and a decision is issued on the assessment of costs.
• In short, in inheritance cases, it is necessary to bear in mind that the procedure involves costs that the parties must bear.

If you need assistance with an inheritance division procedure, please contact us and we will inform you of all the steps involved.