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El blog de Maria

Your daily Spanish Law reporter. Have it with a cafe con leche. www.costaluzlawyers.es

Legal tip 281. Inheritance and wills in Spain for dummies, II
Thursday, May 27, 2010 @ 9:32 AM

Who are your legal heirs and how much to leave them? .

- Children and descendants:  two thirds of the inheritance: a third of the estate is to be left equally to your children, and another third to your children and grandchildren. This last third ( called " de mejora") can be distributed freely among these or can be left just to one or some of them.

("One third to all descendants, one third to selected descendants")

- Parents and ascendants: if you do not have children or descendants, you need to leave to your parents or any direct ascendants:

*One third if your widow/widower is still alive

*One half if your widow/widower is not alive or you were not married.

("To ascendants, when you do not have children: one third if you are married, one half if you are not married")

- Widower or Widow:  right to usufruct of:

*One third if you have children or descendants

* One half if you do not have descendants bu you have ascendants

* Two thirds if you have no descendants or ascendants

(" To the spouse: one third if descendants, one half if ascendants, two thirds if none of them")

 You can only deprive these people o legal inheritance rights in disinheritance cases, regulated by the Civil Code and very unfrequent in practice. Outside these limits you have freedom to name heirs and legatees.

More is coming!

Jesús Castro and María L. de Castro

Atardecer en Chiclana 4 por sergi.gisbert.

Sunset in La Barrosa, Cádiz, Costa de la Luz, by Sergi Gisbert at Flickr.com 



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4 Comments


patman said:
Thursday, May 27, 2010 @ 2:29 PM

Is there any point in making a will then?
Can I leave all my property to my partner?



Maria said:
Thursday, May 27, 2010 @ 2:37 PM

I would need to know:
- Your nationality
- Countries where you have your assets
- Your legal address

Please email me if you need further advise on this. No charges for initial advise.

Best regards,

Maria


Casalinda said:
Saturday, May 29, 2010 @ 3:13 PM

My partner and I have each bought an adjoining property (used to be all one house but then got split about 30 yrs ago). We are putting in a doorway so it becomes 1 house again and the electrics are all wired to one box. We want whoever outlives the other to be able to live in the whole house. Once we are both deceased, then ownership would be shared amongst our respective children (2+2) Would it be sensible to create a limited company to own the properties, as this is so complicated, rather than have complex wills?
Muchas gracias, un saludo, Linda


Maria said:
Monday, May 31, 2010 @ 11:15 PM

Casalinda: Need to know first what is your nationality, legal address and if you have assets in the Uk.


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