Carmen Barreiro
Miguel and Teresa had not been going through the head "as soon".They are a young couple –36 and 38 years, respectively - and go to a notary to leave their last wills in writing among their short -term priorities.«It is one of those things that you know what you have to do, but that you are leaving for later.You don't give importance until something happens to you ».And where appropriate it occurred.Miguel infected Coronavirus last April, just two months after being a father for the second time.He spent five days admitted to a hospital."Nothing too serious", but enough to "turn around the head".
«Never until then had I seriously raised in what situation my children could stay or ourselves if any of the two happened to us.We weren't even married when they entered me ».Miguel speaks in the past, because after his "hospital experience" the couple not only made the decision to marry but also took advantage of the notary to also process the will."Now we are calmer, we have even designated the legal tutors of our children in case something happens to us," they explain.
Miguel y Teresa - character with children - is the most frequent and 'simple' case when managing an inheritance.but he's not the only one.De facto couples, single without children or parents, but with brothers and nephews;Widows without family;divorced with minors in charge...The circumstances of each family are different, so laws also change according to the personal situation.
«In Spain, the process to inherit is regulated in the Civil Code, so that the assets and obligations of the deceased person are distributed in compliance with this regulation and depending on the provisions indicated in a will, in case of having.Keep in mind that testing is a right, not an obligation, so doing it or does not have different consequences for heirs that it is important to assess, ”warns the expert lawyer in Testically Nazario Oleaga.Unless the will of the deceased coincides exactly with what the law provides for people who die without testing, the most recommended according to all the experts consulted is that testament is granted, especially when there are no forced heirs and the person can freely dispose of allyour goods.
All for children
In any case, «the most frequent situation in inheritances is that the property of the deceased are distributed among their descendants (children or grandchildren).If there were no, the inheritance would then happen to the ascendants (parents) and thirdly to the spouse, which is the following in the succession list, ”says Oleaga.The law - with some foral exceptions - establishes that an inheritance must always be divided into three equal parts.«A third destined for legitimate heirs;a second third -called improvement - that is distributed among those same duffers but as the deceased person has (if there is no will will be equally);And a third of free disposition, which can be left to whom one wants, ”explains the lawyer.
The single uncle
In the case of people without forced heirs (children, grandchildren, parents or spouse) - the classic uncle or aunt single - "the difference between testing and not doing so is very important," they specify in the organization of consumers and users (OCU) (OCU)and put an example to illustrate it.Gonzalo is single, without children and regular collaborator of an animal protector.His only family is his sister Carmen and his three nephews (a son of Carmen with whom he gets along very well and two of his late brother Pepe with whom he has no contact).Gonzalo's intention is to leave his money (30.000 euros) to the association with which he collaborates and that his house remains to Carmen.
Well, if Gonzalo died without testing, none of his wishes would be respected.The protector would not receive a euro and her assets would be distributed in two halves;one for Carmen and another that would inherit the children of Pepe for 'representation'.That is, nothing for the association, half of the house and 15.000 euros for Carmen and a room of the house and 7.500 euros for each of its nephews (Pepe's children).If Gonzalo not only does not testament but also dies when his sister has also died, his property will be distributed equally among his three nephews.«The ideal in his case is that he goes to a notary and grant an open notarial testament.It will not cost more than 60 euros and you can change the times you want.In addition, it is always good to have the advice of a professional not to put the leg in something and that the will ends up being invalidated, what could happen if he writes a testament on his own and gives it to the sealed notary to guard him »,The OCU spokeswoman, Ileana Izverniceanu warns.
Marriage without heirs
Another situation that usually generates problems is that of marriages without children or parents and with a healthy heritage formed by goods from their respective families.«In these cases it may be useful to go to the notary and that each name to its spouse heir fiduciary (or heir first) of all his personal property and another member of his family (brother, nephew...) Trust heir (or heir second).In this way, that relative will inherit the goods left by the widower or the widow.
'Desheredar' a un hijo
Con hermanos y sobrinos, mejor disfrútelo en vida
If there is one thing in this life that we can ensure without fear of being wrong, we will die before or after.However, in Spain there are still many people who die without leaving the distribution of their assets.According to the data of the Statistical Information Center of the Notaries (one hundred), a total of 641 were recorded last year.369 new wills, a figure that although it is true that it increases every year barely represents 4% of the Spanish population over 50 years."For people without forced heirs it is especially important.If you do not want surprises, follow these tips from the OCU.
Check the regulations of your Autonomous Community
That said in this article is valid for all autonomous communities in which the common succession right operates.Where there are foral particularities there may be some differences, such as Aragon, Balearic Islands, Catalonia, Galicia, Navarra and the Basque Country.
The tax squeezes brothers, uncles, nephews...
Who receives an inheritance must pay the inheritance tax, which is heavier the more large the assets received, farther the kinship with the deceased and greater the assets that the heir already had before receiving the inheritance.In general, inheritances to brothers, uncles, nephews, cousins or friends pay a very high tax.So if you want to benefit these people without much of your inheritance to go in taxes it is a good idea to enjoy money in life.Eye with transferring the border of what Hacienda can understand as full -fledged donations, also subject to taxes.
Protect your de facto partner, always
De fact couples, even formalized, do not always have the same rights as the united by marriage.In addition, each autonomous community can dispense them a particular treatment.Therefore, if it is part of a de factReserve anything.
Save a painful procedure to their heirs
When a person dies without having done a will, you have to make a 'declaration of heirs ab intestate' to establish who are the people called by law to become heirs.If the deceased had forced heirs, the procedure is simple and is done in the notary.But if the heirs are of another type (brothers, nephews, friends, etc..), must be done in a judicial, more expensive and long procedure.Therefore, although its cast plans coincide with what the law is provided in the absence of will, it is recommended that it grants it to avoid headaches to its heirs.
Do you know an inheritance without heirs?Communicate it and take 10%
Sometimes, the inheritance of people without heirs 'ab intestate' remain in limbo because no one mentions their existence to the State.If you know an inheritance of this class - a political relative or a friend, for example - it can be communicated to the Treasury and in principle will be entitled to a reward equal to 10 % of the denounced inheritance.It is not worth, yes, to know the data for being administrator of the deceased, responsible for the residence in which he lived or a public office through which he had knowledge of the inheritance.
Tendencias
