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In Spain, hereditary succession presents notable differences between the common civil neighborhood and the Catalan civil neighborhood. We will explore these divergences, focusing on the consequences of the absence of a will and testamentary peculiarities in each context.<\/p>\n
I. Succession Subject to COMMON Civil Law<\/u><\/strong>:<\/p>\n I. A. Consequences of death without having made a will<\/strong>:<\/p>\n The regulation of legal heirs without a will is found in the Civil Code from Article 912. This is the order of heirs in case of not having made a will:<\/p>\n II. B. Having Made a Will<\/strong>:<\/p>\n \u00a0 \u00a0 \u00a0a) Under common law, the following have the status of legitimate heirs<\/strong>:<\/p>\n \u00a0 \u00a0 \u00a0b) A “third of improvement<\/strong>” of the inheritance must be allocated among the descendants, <\/u>whose distribution may be uneven among them. Participation in this third is not uniform, as the testator can determine how it is allocated among the legitimate children.<\/p>\n \u00a0 \u00a0 c) The “third of free disposal<\/strong>” of the inheritance allows the testator to allocate it to anyone, even to a third party who is not a relative.<\/p>\n \u00a0 \u00a0 d) The surviving spouse<\/u>, in the absence of legal or de facto separation at the time of the spouse’s death, only receives the usufruct of the improvement third<\/u><\/strong> if there are children or descendants, as mentioned earlier.<\/p>\n In the absence of children, the surviving spouse receives the usufruct of half of the inheritance if there are present parents and two-thirds if there are neither children nor parents of the deceased.<\/p>\n II. Succession subject to Catalan Civil Law<\/u><\/strong>:<\/p>\n II. A. Consequences of death without having made a will<\/u><\/strong>:<\/p>\n II. B. Having Made a Will<\/strong>:<\/p>\n \u00a0 \u00a0 \u00a0 a) The testator can freely choose heirs, maintaining the legitimate share established at 1\/4 of the inheritance, except in the case of disinheritance.<\/p>\n \u00a0 \u00a0 \u00a0 b) The surviving spouse or surviving partner has the right to use the marital home and, if applicable, receive maintenance from the deceased’s estate during the year following the death. Requirements include not having separated, not being a universal usufructuary, not remarrying or cohabiting with another person. In addition, they must not neglect the common children before the end of the year of widowhood to maintain the right.<\/p>\n In conclusion, in the Catalan succession regime, the spouse is placed ahead of the ascendants, unlike the common regime where they are behind the children and ascendants. Additionally, the common-law partner does not inherit in the common law and is not called in an intestate declaration.<\/p>\n\n
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