TEH inheritance it is the set of goods, rights and obligations that are transmitted from its owner to other individuals considered legitimate heirs or those who have been designated by the will. Last year alone, almost 355,000 inheritances were assigned, 0.7% less than in 2022, according to data from the General Council of Notaries.
Las resignations grew by 1.1%, exceeding 56,000. And accepting an inheritance involves a number of costs, along with transferring any unpaid debts of the deceased; Therefore, many people choose to opt out due to the inability to make thes payments.
Faced with heirs who refuse to accept what is due to them, There are those who would, but they were excluded from the will..
“In Spain, disinheriting a child is not easy, but it is not unfeasible either”explains the lawyer of the marín & Mateo Abogados firm, Elisabeth Durán. And remember that “to leave a direct descendant out of the line of succession, a series of remarkable circumstances must occuralthough it may also happen that they are not expressly excluded, but simply omitted.”
THE Preterition is a legal term that refers to the absence of mention – whether intentionally, by mistake or ignorance – of a legal heir in a will..
Durán confirms that “two thirds of the inheritance in common territory and other shares in territories with regional rights, i.e The legitimate one will always be protected and can be claimed by the heir. or legitimate heirs left out of the will”.
Legitimate inheritance
The legal consequences will vary depending on whether the heir was deliberately omitted or not; or yes There is no legitimator in the will or there is only one or a few of them.
The lawyer specifies that when there is a “clear will” on the part of the testator not to leave anything as an inheritance to all his heirsbeing “fully aware of its existence” and without complying with the causes of disinheritance established by law, ”the will could be declared null”.
In the event that only one of the legitimate heirs has been excluded, he will be able to assert the situation before the judge, “challenging the will restore yoru inheritance rights within a period of four yearswhile always respecting the third party’s free disposal”.
The prodigal son
THE preterition is sometimes done unconsciously. The testator may have children he or she does not know, born after making the will, or who think a missing child is dead when in reality he or she is alive.
“AND The omission by mistake affects all legitimate heirs, the will would not be validsince it is assumed that the testator was unaware of their existence”, estimates Durán. In the event that only one of the legitimate heirs is excluded, “either the institution of heirs is annulled, or If the others agree, a declaration of legitimate heirs is made, i.e. without the need for a will.“.
How can individuals protect their inheritance rights in Spain?
Title: Understanding Inheritance in Spain: An interview with Legal Expert Elisabeth Durán
Q: Thank you for joining us today, Elisabeth. To start, could you explain what inheritance entails under Spanish law?
A: Thank you for having me. Inheritance in Spain refers to teh transfer of goods, rights, and obligations from the deceased to their legitimate heirs or those designated in a will. Last year, about 355,000 inheritances were assigned, with a slight decrease of 0.7% from 2022, according to the general Council of Notaries.
Q: We’re seeing a notable trend where more people are opting to decline inheritances. Can you shed some light on this?
A: Certainly. The number of resignations increased by 1.1%, surpassing 56,000 in the previous year. Accepting an inheritance frequently enough comes with costs and the responsibility of unpaid debts from the deceased, which can deter individuals from acceptance. this can lead to legitimate heirs choosing to renounce their inheritance altogether.
Q: Its interesting that some potential heirs decline their inheritance while others may want it but are excluded from the will. Could you explain how disinheritance works in Spain?
A: Disinheriting a child in Spain is a complex process but not unachievable. There must be exceptional circumstances to exclude a direct descendant from succession. Importantly, if someone is omitted from the will—whether intentionally or by mistake, referred to as “preterition”—they still retain the right to claim their legitimate share.
Q: So, in cases of preterition, what are the legal implications for the excluded heir?
A: Preterition can occur unintentionally, such as when a testator is unaware of the existence of a child born after making the will. When this happens, the exclusion affects all legitimate heirs, and the will might potentially be deemed invalid if it fails to acknowledge these heirs. If only one legitimate heir is excluded, they can challenge the will in court to restore their inheritance rights within a four-year timeframe.
Q: That’s crucial information for anyone involved in inheritance discussions. Can you elaborate on how the presence of a clear will impacts inheritance rights?
A: If a testator has explicitly stated their intention not to leave anything to their heirs while being fully aware of them,and does not meet the legal requirements for disinheritance,this type of will could potentially be declared null. This means the legitimate heirs excluded may have grounds to assert their rights.
Q: Given the complexities surrounding wills and inheritances, what advice would you offer heirs or individuals drafting a will?
A: I would advise heirs to thoroughly understand their rights, especially regarding omissions or disinheritance. For those drafting a will, clarity is vital.Documenting intentions clearly and considering all potential heirs can prevent misunderstandings and disputes down the line. Consulting with a legal expert can also ensure compliance with all legal requirements and help navigate any complexities related to the inheritance laws in Spain.
Q: Thank you, Elisabeth, for sharing your expertise on inheritance laws in Spain. This valuable information will certainly help our readers better understand their inheritance rights and responsibilities.
A: Thank you for the prospect! It’s vital to raise awareness about these issues, so I’m glad to share this knowledge.