2023-10-06 00:19:13
Friday, October 6, 2023, 00:19
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Inheritances are a frequent cause of disputes and family disagreements between the descendants of the deceased person. But what happens when you don’t have children? Or, having them, would there not be a will? There are several cases, with the added complexity that in Euskadi, in addition to the common rules of the state Civil Code, its own regulations also apply.
First of all, it is worth clarifying that there are two types of succession: testamentary (when the deceased person expresses in writing and officially his will to grant his assets or rights in the manner he considers appropriate); and intestacy, which takes place mainly when one dies without making a will.
In testamentary succession, the will of the deceased (the deceased person) prevails, although with the limitations imposed by the legitimate, a part of the inheritance that by law is reserved for certain heirs, called forced heirs. They are, in this order, the children and descendants; parents and ascendants; and the widower or widower.
In the common regime – the territories where only the Civil Code governs – the legitimate property represents two-thirds of the assets included in the will. In Euskadi, and by virtue of the Foral Civil Law Law, this legitimate is one third. The other two are freely available.
Another particularity that occurs in Euskadi is that this legitimate – called collective legitimate according to Basque civil law -, “although it must fall to the benefit of the descendants, it does not have to be distributed equally. Nor on a preferential basis to children. What’s more, you can leave the inheritance to a grandchild, and leave your children with nothing. And then the remaining two thirds, distribute them among whoever you want,” explains Javier Vinader, notary at the GranVía46 office in Bilbao.
When there is no will
If there is no will, the rules of intestate succession come into play. First of all, the right of inheritance falls on the descendants. Then come the ascendants. Finally, the widowed spouse and the collaterals, relatives who come from a common stock with that of the deceased person: brothers, uncles, sober ones, great-uncles, great-nephews or cousins.
This is what the Civil Code says. However, in Euskadi, after the descendants, the right falls on the spouse, and then on ascendants and collaterals. Furthermore, in the provincial territories, and for these purposes, de facto couples have the same rights as the married widower or widower.
If there is no legitimator – relatives with the right to a part of the inheritance – the testator can leave his assets to whoever he wants. At the end of the chain, in the case of inheritances without a will, are the State or the corresponding autonomous community – depending on where you had your place of residence.
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