Experts in wills, inheritance and succession as well as related problems with heritance in Finestrat.
Lawyers specialized in inheritance and succession in Finestrat.
Our law firm is specialized in advice on wills and inheritance. All our lawyers are members of the Bar Associations of Cartagena and Murcia.
We have a wide experience in this sector, being able to help both in problems related to inheritance, drafting of wills or Court Cases derived from them.
Who are the Heirs?
Depending on the law that applies to the succession, we may find that we do not have total freedom to leave our assets, but must leave a part of our estate to what are known as forced heirs, heirs designated by law, while if there is freedom, we can dispose of the assets freely. However, in both cases it is important to emphasize that in order to be an heir, the person must have sufficient capacity to inherit.
What is the legitimate?
The legitimate portion is a portion of the assets that the testator cannot freely dispose of, because the law has reserved it for certain heirs. These heirs are called forced heirs.
Who are the forced heirs under Spanish law?
Legal heirs are:
- Children and descendants, with respect to their parents and ascendants.
- In the absence of the above, parents and ascendants, with respect to their children and descendants.
- The widow or widower.
The reserved share of children and descendants consists of two thirds of the estate of the parents. However, they may distribute one of the two thirds forming the reserved share in order to improve the inheritance of their children or descendants. The remaining third will be freely distributable
The reserved share of the ascendants consists of half the estate of the parents, unless the spouse also holds a share, in which case the reserved share consists of one third.
The reserved share allocated to spouses consists of the usufruct of two thirds of the assets of the estate in the absence of ascendants and descendants. If there are descendants, it consists of the usufruct of one of the two thirds that correspond to the descendants. If there are only ascendants, it consists of the usufruct of half, which the heirs may settle in cash.
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What is a will?
A will is a unilateral, formal, and solemn act in which a person expresses his or her will regarding how his or her assets will be disposed after his or her death. It is a voluntary declaration, subject to certain formal requirements for it to be valid.
The basic requirements for making a will are:
- To be over 14 years of age
- Not having any disqualification.
Types of wills
We can say that there are two main groups of wills: the common ones and the special ones. And, these categories are subdivided into:
Common wills: holographic, open and closed.
Special wills: maritime, foreign and military.
Also known as a handwritten will. It is a will written in the testator’s own handwriting. It is important to note that for it to be valid, it must have some specific requirements, which are set out in article 688 of the Spanish Civil Code: These are:
- To be of legal age
- Entirely written in the handwriting
- Signed and dated
- It will be valid only if it is presented to the judge of the first instance of the testator’s domicile or to a notary for its protocolization, before 5 years have passed since his death.
this is undoubtedly the most common will, as it is the one that is granted before a Notary Public. This document will be kept by the notary and a copy will also be sent to the Central Registry of Last Wills and Testaments.
This is a will that is made in writing, in which the testator declares his last will in that sheet. It must be signed on all pages and at the bottom of the will. The sheet is delivered closed because its content is secret, as well as sealed so that the document cannot be extracted without breaking it.
what military or military service personal do in case of war. Articles 718 CC.
which are made in a sea voyage. Articles 722 to 731 C.C.
it is done abroad but it is only valid under the laws of the country where it is written. Attention should be paid to which are the legitimate laws of the particular country as well as the law applicable to the succession