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Upon the death of a person, the mortis causa procedure or hereditary succession is opened, in which the legal rights and rights to their assets are transferred among their legitimate heirs and those who appear in the will (regulated in Section 5, of Chapter 1 of the Civil Code).
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Along with the inheritance, in addition to their assets, the heir receives the rights, obligations, and debts that the deceased incurred during their lifetime. Therefore, we must bear in mind that whoever lends themselves as the recipient of an inheritance will receive everything, and everything means the assets and the debts!
Therefore, it is important that you continue reading this article so that you know how an inheritance is divided and what civil law dictates in this regard. Let's get started!
What is specified in a will?
First, we must make it clear that there are several types of wills:
- The common ones: are those in which you go in life before a notary in order to help us leave our legacy, advise us with all the legal guarantees, draft the content of the same and certify its legal validity. This will keep the document closed and will not open it until the death of the grantor. If you are wondering how much it costs to make a will, we must say that it is around €40.
- The special ones: these wills can be used by employees of the Spanish Army, crew members or passengers on board a maritime vessel or by Spanish citizens who make the will in foreign countries.
Data contained in the will
- The will shall contain the data of the deceased (deceased)
- The wills that he has made throughout his life
- The name of the notary
- The percentage in the transmission of assets, rights and debts
- Recipients of the inheritance.
- The type of will that has been made: open, closed or special.
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How do I know if the deceased has left a will?
This procedure is very simple. Through the Ministry of Justice or your lawyer
How is the inheritance divided?
We can say that the will is ordered in three thirds. In the first part, the testator may not violate the Law and leave the inheritance to whomever he wants. The distribution must be done as follows:
- Legitimate heirs: first-line blood relatives will receive one third of the inheritance by law.
- Inheritance of improvement: Here the deceased may give a greater part of his assets to some or all of his descendants or first-level relatives.
- Free choice: the testator may leave one third of his assets to whomever he wishes. Say that this part of the inheritance cannot be revoked since the will of the testator prevails.
What happens if there is no will?
Here come the problems. In the event that you have legitimate heirs (first-level blood relatives) the inheritance will belong to them. But let's dissect different possibilities:
First line of succession (children)
In the event that the deceased has a son, all the assets will belong to him. In the event that there are several siblings, the inheritance will be divided equally among them.
In the event that you leave several real estate properties, these must be valued and appraised by an Appraisal Company and the assets must be distributed equitably.
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Ascendants or legal guardians
In the event that the deceased has not left children, the inheritance will belong to the parents. In the event that these
Couple or spouse
A common mistake when making the distribution is that couples or spouses believe that they will receive the money or assets of the deceased. Well, we must say that if you have not made the will specifying this: They will not have the right to the inheritance!
In the event that the parents, grandparents do not live and have not had children, the couple would be the recipient of the inheritance since it would move to the horizontal plane of consanguinity.
Brothers
The brothers are on the fourth rung. So that these
The State
In the event that the inheritance cannot be granted to any recipient, the assets would become part of the Spanish State.
For all this, from Euroval we recommend making a will before a notary where the parts that are going to be assigned to each grantor are specified and that all and how many elements that are included within it have been previously valued.
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