How an inheritance is divided in Spain
When dividing inheritances, each country has its own laws in this field of Family Law and Succession, and the truth is that there are many people who are unclear how the legal distribution is made. An example is the fact that Spaniards can not disinherit their children and that the distribution of the inheritance must be done according to three legally established sections. So that you do not have any doubts, in .com we explain how an inheritance is divided in Spain.
In how many parts the inheritance is divided
Ideally, the distribution of the inheritance should be done respecting the act of will of the deceased, transmitted to their beneficiaries through a will or certificate of last wills. Even so, in our country, the assets of the deceased have to be divided into three distinct parts, according to the provisions of the Civil Code.
In spite of the fact that there are some particular ones derived from the Foral Law applicable in some Spanish territories that historically take refuge in their fueros, the certain thing is that the prevailing legal generality distributes the inheritances by thirds:
- the third of legitimate
- the third improvement
- the free disposal third
The legitimate
Once the assets bequeathed by the deceased are divided, a third corresponds to the legitimate third or what is the same, which legitimately corresponds by right to the direct descendants .
By direct descendants it is understood, in the first place, to the children. At the time of establishing how an inheritance is divided in Spain, this is the minimum part that must be shared among the children, in equal parts. If any of them had died, this third would in turn pass to their direct descendants.
The improvement
The testator has the right to dispose of a third of his legacy to benefit one or some of the direct and legal heirs. For this right to assist a beneficiary, it must be reflected in the will . In this way, it is necessary to take into account what we explain in our article How to know if someone has left a will.
If there is no certainty of the will of the transmitter of this heritage, it will be understood that he did not wish to benefit any particular heir, so the improvement will be divided equally between the same recipients of the legitimate party.
The free disposition
When it comes to understanding how an inheritance is divided in Spain, it must be clear that free disposition is the part over which the deceased person can act with complete freedom . In this way, the free disposition allows those who make a will to bequeath a third of their property to one or more natural or legal persons, without the need for them to be descendants or relatives. As with the third improvement, if there is no testament, the part freely available will also become part of the legitimate part.
