Author: Alejandro Perdigones

Source: Tododisca

The distribution of a family inheritance depends on numerous factors. A key element is the presence or absence of a valid will from the deceased person. When there is a will, the inheritance process is much simpler, following the guidelines set in the testator’s last wishes.

However, there may be a situation where a person dies without having made a will. In this case, doubts often arise among potential heirs, and family conflicts are common. To alleviate this issue, the Spanish Civil Code outlines a series of steps to follow.

In any case, experts always recommend making a will while alive, as it offers only advantages.

Firstly, it allows a person to clearly express their last wishes and what should be done after their death. It also helps avoid family disputes over the inheritance and reduces the cost of the inheritance distribution process.

Heirs Without a Will

Typically, inheritances without a will occur when people have died unexpectedly or at a young age. Thus, potential heirs must be patient to deal with the corresponding bureaucracy and know the steps to follow. They must adhere to what the law dictates on this matter.

In an inheritance without a will, it is essential to consider the line of succession and who the forced heirs are, according to the Spanish Civil Code:

1. First, the children, grandchildren, and descendants of the deceased person.
2. In the absence of the first, the inheritance would go to the ascendants, i.e., parents or, if absent, grandparents.
3. The widow or widower is third in line, always in the absence of the previous heirs.
4. If none of the above are present, the inheritance would go to siblings and children of siblings.
5. Finally, collateral relatives.

Experts from ‘Abogados y Herencias’ explain that “the widower or widow will always be a forced heir, whether or not there are children or descendants, parents, or ascendants.” This is stated in the relevant regulations.

One of the most important reasons to make a will is that if none of the above-mentioned relatives exist, the deceased person’s inheritance would end up in the hands of the state.

Disposition of Inheritance with a Will

On the other hand, it must be taken into account that a citizen cannot freely dispose of all their assets when establishing an inheritance. Thus, the will has three different parts, which establish how to allocate the assets.

• The legitimate third is divided equally among the first line of forced heirs.
• The third of improvement is also divided equally, although the testator can benefit one of the forced heirs over another (e.g., one child over another).
• Finally, there is the third of free disposal, which can be left to anyone the testator wishes, not necessarily a forced heir.

What Happens if an Heir Blocks the Inheritance?

Heirs have the right to accept or renounce their share of the inheritance. If an heir is indecisive and neither accepts nor rejects it, they can block the distribution of the inheritance for the other heirs.

If this situation arises, the other heirs have the right to initiate what is known as a notarial interpellation, in which the notary gives the indecisive heir 30 days to decide. If the heir does not respond within this period, the inheritance is considered accepted for all purposes.

Thus, the experts from ‘Abogados y Herencias’ point out that “this means they accept it even with the debts that are part of the inheritance, and they are liable with their own assets for them. Hence, it is crucial to respond once you have been notarially interpellated to accept or renounce an inheritance.”

Accepting or Rejecting Debts

An inheritance consists of the assets and property of the deceased person, whose ownership is transferred to their heirs, as outlined in the will or according to what the legislation determines. However, heirs must also consider that the inheritance includes the deceased person’s debts and liabilities.

Thus, any heir has the right to accept or reject an inheritance, as there may be cases where they cannot assume the debts or lack the financial means to cover the inheritance taxes. In this regard, the inheritance is a complete package, so an heir cannot accept the assets or property and reject the debts. They must accept or reject the inheritance with all its consequences.