The "quarta vidual"

To understand the concept, the "quarta vidual" is a legal institution whose main purpose is to compensate the widowed spouse for the economic imbalance caused by the death of their spouse. For this reason, the law grants the right to claim a portion of the inheritance in order to meet their basic financial needs.

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One of the most significant changes introduced by Law 46/2014, of December 18th, on succession due to death, was the extension of the "quarta vidual" to include not only the surviving spouse, but also the surviving member of a stable partnership.

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The law recognizes the right to receive an amount to meet the needs of the spouse or partner in a stable union, up to a maximum of one fourth of the deceased estate. The "quarta vidual" is not a statutory right, so to benefit from it, the claim must be made to the heirs of the deceased after the succession has been opened. The spouse or partner in a stable union claiming this succession right must prove that their financial resources are insufficient to meet their needs. Based on these considerations, the "quarta vidual" should be classified as a substitute for the right to maintenance.

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To determine such needs, the standard of living the spouse or partner in a stable union enjoyed during cohabitation must be considered, as well as their age, health, salaries or income they are receiving, and other relevant circumstances. The holder of the right  cannot claim the "quarta vidual" if, after the death of the deceased, they explicity or implicity renounce it, or if they remarry or enter into stable union with another person.
They will also not be entitled to it if, at the time of the succession's opening, there was an ongoing annulment, divorce, or separation proceeding, even in cases of de facto separation.

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To calculate the "quarta vidual", the value of the assets left at the time of the deceased's death must be taken into account, deducting the value of the inheritance assets attributed to the widowed spouse or partner in a stable union, and adding the value of the assets given away or transferred for free by the deceased, excluding donations made to the widowed spouse or partner.

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The claim to request the "quarta vidual" expires four years after the death of the deceased.

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Natàlia Canut Fernández

jurist