Author: Alejandro Perdigones

Source: tododisca.com

When Does a Lease Contract Become Indefinite?

The distribution of a family inheritance depends on several factors. One key element is whether or not there is a valid will from the deceased. When a will exists, the process of distributing the inheritance is much simpler, following the instructions outlined in the testator’s final wishes.

However, there may be situations where a person dies without leaving a will. In such cases, doubts often arise among potential heirs, and family conflicts are common. To mitigate this, the Spanish Civil Code provides a set of steps to follow.

Experts always recommend that people make a will while they are alive, as it offers numerous advantages. A will allows a person to express their final wishes and dictates how their assets should be distributed after their death. It also helps prevent family disputes over the inheritance and reduces the cost of the distribution process.

Heirs Without a Will

Typically, intestate (without a will) inheritances occur when someone dies unexpectedly or at a young age. Therefore, potential heirs must be patient in dealing with the necessary bureaucracy and understand the steps to follow according to the law.

In an inheritance without a will, the line of succession and the compulsory heirs are determined by the Spanish Civil Code:

1. First in line are the children, grandchildren, and descendants of the deceased.

2. In the absence of these, the inheritance would go to the ascendants, i.e., the parents or, in their absence, the grandparents.

3. In the third line of succession are the widow or widower, always in the absence of the aforementioned heirs.

4. If none of the above are present, the inheritance would go to siblings and their descendants.

5. Collateral relatives are next in line.

Experts from ‘Lawyers and Inheritances’ explain that “the widow or widower will always be a compulsory heir, whether or not there are children or descendants, or parents or ascendants.” This is stipulated by the relevant regulations.

One important reason to make a will is that if none of the aforementioned relatives are present, the inheritance of the deceased will end up with the State.

Disposition of Inheritance with a Will

On the other hand, it is important to note that an individual cannot freely dispose of all their assets when establishing an inheritance. A will has three distinct parts for distributing the assets:

1. The Legitimate Share: This is divided equally among the first line of compulsory heirs.

2. The Improvement Share: This is also divided equally, but the testator can benefit some of the compulsory heirs over others (for example, favoring one child over another).

3. The Free Disposal Share: This portion of the inheritance can be left to anyone the testator wishes, not necessarily a compulsory heir.

What If an Heir Blocks the Inheritance?

Heirs have the right to accept or reject the inheritance they are entitled to. If an heir is undecided and neither accepts nor rejects, it can cause a blockage in the distribution of the inheritance for the other heirs.

In such cases, the other heirs have the right to initiate a notarial interpellation, where the notary gives the undecided heir a 30-day period to make a decision. If the heir does not respond within this period, the inheritance is considered accepted for all purposes.

Experts from ‘Lawyers and Inheritances’ indicate that “this means the heir accepts it even with the debts included, and is liable with their own assets. Therefore, it is crucial to respond once interpellated notarially to accept or reject an inheritance.”

Accepting or Rejecting Debts

An inheritance includes the assets and property of the deceased, which are transferred to the heirs according to the will or legal provisions. However, heirs must also consider that the inheritance includes the deceased’s liabilities and debts.

Thus, any heir has the right to accept or reject an inheritance, as they may not be able to handle the debts or have the financial capacity to cover the inheritance taxes. The inheritance is a complete package; therefore, an heir cannot accept the assets or property while rejecting the liabilities. Heirs must accept or reject the inheritance with all its consequences.