The legitimate is the part of the inheritance unavailable by the deceased that benefits certain people.
Those legitimate persons are:
1.- Descendants of the deceased.
2.- Parents of the deceased (when the deceased has no descendants).
The parents do not have the right to legitimate if the deceased has descendants but they have been justly disinherited or declared unworthy.
If only one parent survives or parentage is only determined with respect to one parent, the right to be fully legitimate corresponds to them. If both survive but one of them has been justly disinherited or declared unworthy, the legitimate one corresponds only to the other.
The amount of the legitimate in Catalonia is 25% of the inheritance.
The legitimate can be claimed in any type of succession (whether there is a will or not).
In the calculation of the legitimate, the donations made while the deceased is alive during the ten years prior to her death must be taken into account.
The claim action of the legitimate prescribes after ten years.