The rights of the widowed spouse in Catalonia. Part I: The fourth widow

The "cuarta viudal" is the institution whose main purpose is to compensate the surviving spouse for the imbalance caused by the death of their spouse, and for this purpose, the right to obtain a portion of the inheritance for the satisfaction of their needs is recognized.

The fourth book of the Civil Code of Catalonia regarding successions recognizes a series of rights for the surviving spouse, which we will examine in two articles. The two hereditary institutions that acknowledge the rights of the surviving spouse are the "cuarta viudal" and the universal usufruct. This first article will focus on the "cuarta viudal," a traditional figure in Catalan legislation that underwent significant changes with the entry into force of the fourth book.

To understand the concept, the "cuarta viudal" is the institution whose main purpose is to compensate the surviving spouse for the imbalance caused by the death of their spouse, and for this purpose, the right to obtain a portion of the inheritance for the satisfaction of their needs is recognized.

One of the most significant changes introduced by the fourth book is the expansion of the concept of "cuarta viudal," as the new norm not only includes the surviving spouse but also extends to the surviving member of a stable couple. Regarding its purpose, as mentioned earlier, the fourth book advocates for satisfying the needs of the surviving spouse or partner.

The right to obtain the precise amount to meet their needs is recognized for the surviving spouse or cohabiting partner in a stable couple "who, with their own assets, those that may correspond to them by reason of the liquidation of the matrimonial economic regime, and those that the deceased attributes to them due to death or in consideration of it, does not have sufficient economic resources to meet their needs." The determination of needs will take into account the standard of living enjoyed during marriage or cohabitation, as well as other parameters analogous to those provided for alimony.

Exclusion causes for the right to the "cuarta viudal" are also regulated; firstly, the surviving spouse cannot claim the "cuarta viudal" if, at the time of the succession's opening, they "were legally separated from this or in fact, or if there was a pending lawsuit for annulment of marriage, divorce, or separation, unless the spouses have reconciled." The surviving partner who was factually separated from the deceased at the time of their death cannot claim it either.

One of the most significant changes introduced by the fourth book is the expansion of the concept of "cuarta viudal," as the new norm not only includes the surviving spouse but also extends to the surviving member of a stable couple.

The "cuarta viudal" is not a legitimate right, so if the surviving spouse or partner believes they have the right to obtain it and meet the requirements established by law, they must claim it from the heirs. The payment of the "cuarta viudal" by the heirs can be made in both money and assets from the inheritance. Both for calculation and payment, reference is made to the rules for calculating the legitimate, allowing the reduction and elimination of legacies and donations.

To limit the amount corresponding to the "cuarta viudal," the law establishes a maximum of one-fourth of the net hereditary assets.

Finally, regarding the extinction of the right to claim the "cuarta viudal," four cases are established:

• The renunciation of the surviving spouse or partner to the right to the "cuarta viudal" after the death of the deceased.
• Marriage or marital cohabitation with another person after the death of the deceased, as long as it occurs before exercising the right to claim.
• The death of the surviving spouse or partner without having exercised the right to claim during their lifetime.
• The suspension or deprivation of the legal authority of the surviving spouse or partner, for reasons attributable to them, over the common children with the deceased.

In addition to the causes of extinction of the right to claim the "cuarta viudal," a prescription period is established for the claim, which is three years from the death of the deceased.

For the calculation of the "cuarta viudal," the rules contained in the law must be taken into account, so legal advice from a lawyer is advisable. Also, in case of exercising the claim action, it must be done through legal proceedings, and in that case, the presence of a lawyer is mandatory. Our Private Law department can provide the necessary assistance.