INHERITANCE IN THE ABSENCE OF A WILL IN SPAIN
In Spain, when there is no will, the Civil Code determines the principles to respond the question, who inherits? Applying to the various possible situations:
- If the deceased was unmarried and had no children, the parents inherit. If there are no parents, the siblings; if there are no siblings, the nephews and nieces; if there are no nephews and nieces, the cousins and, if there are no cousins, the State (Art. 913 Civil Code).
- If the deceased was unmarried with children, the children become heirs with equal shares (Art. 930-934 Civil Code).
- If the deceased leaves a spouse but no children, the surviving spouse becomes unique heir if there are no descendants or ascendants of the deceased (Art. 943-945 Civil Code).
- If the deceased leaves a spouse and children, they become heirs with equal shares (Art. 930-934 Civil Code). But, in addition, the surviving spouse receives usufruct of a third of the succession (Art. 834 Civil Code). The children inherit what remains in equal shares. The share of a predeceased child is devolved to his/her descendants per “stirpes” (representation).
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David Lorenzo |
Foreign Law | Birchall Blackburn