Contesting a Will

Our law firm Mercury Abogados, your lawyers in Marbella, we are going to analyse one of the most controversial questions that may arise when it comes to the succession of a deceased person or when we grant a will. The question that may arise is, can a contesting a Will?

Here, we have to give an affirmative answer, as it is possible to contest a will, but not just anyone can do it and neither can it be done for any reason, there are some specific causes that are included in article 675 of the Civil Code.

The causes that are included in this article, and for which we can challenge a will, are:

Failure to include a compulsory heir.
Failure to respect the legitimate quotas.
Incapacity of the testator at the time of granting the will.
Violence, coercion or fraud to execute the will.
Disinheritance without just cause.
Defects of form in the drafting of the will.


After knowing the causes for which we can challenge the will, the next doubt or question that may arise is the time limit for making this challenge. Well, in this case, we have a long period of time to be able to challenge the will, being this period of 15 years FROM the death of the testator.

And how did you start the contestation process? To initiate the procedure to challenge the testator we will have to file a lawsuit requesting the challenge, before the Court of First Instance of the place of the deceased.

To initiate this lawsuit, we will need a lawyer and solicitor, as it will follow the course of the ordinary trial, so we need to be accompanied and advised by a lawyer and solicitor.

If you have any doubts, or you want to make a will and not have it contested, do not hesitate to contact our law firm in Marbella, probably the best lawyers in Marbella. Our expert inheritance department in Marbella will be happy to advise you and inform you of the procedures to be followed.

Telephone: +34 951 28 1120

Whatsapp: +34 643 89 04 96