Understanding Inheritance Laws in Spain: Key Insights from Legal Experts

The topic of inheritance in Spain is often clouded by misconceptions that lead to ongoing confusion and doubt among citizens. In a recent TikTok segment from the legal duo Jorge Werner and Manuel Espinosa, known as Thejurisfluencers, these misconceptions are addressed to clarify many uncertainties. Werner, in his latest contribution, focuses on the limitations surrounding will creation that many individuals remain unaware of. He cautions against the common belief that individuals can freely allocate their assets as they wish in Spain, emphasizing the need for a thorough understanding of existing legal restrictions. Creating a will, according to Werner, is crucial to prevent any future surprises. He states, "If you want to do things properly and avoid unexpected issues later on, you need to write a will." The Spanish Civil Code outlines two distinct types of wills: the holographic and the notarial. The holographic will must be handwritten and signed by the testator. Conversely, a notarial will is executed before a notary, which Werner considers the preferable option to mitigate any potential issues that may arise, ensuring that one's intentions are honored. Beyond the type of will, Werner points out that inheritance laws in Spain impose limitations on how assets can be distributed. The hereditary estate, which refers to the deceased’s collection of assets and rights, must be divided into three mandatory parts, each serving a specific purpose: 1. **The Legítima**: This is the most restricted portion, which must be divided equally among compulsory heirs, primarily consisting of ascendants (parents or grandparents), descendants (children or grandchildren), and spouses. 2. **The Tercio de Mejora**: Here, the testator has the discretion to favor one or several of the compulsory heirs, but only within this group. The law does not allow benefitting individuals outside of the family. 3. **The Tercio de Libre Disposición**: This is the sole portion of the estate that the testator can allocate freely, without any restrictions, to whomever they choose. Creating an appropriate will, preferably before a notary, and being well-informed about the governing inheritance rules is essential for ensuring that a person's final wishes are fulfilled without complications. Stay updated with El Huffpost and follow all the latest news on your mobile through our app, available for both Android and iOS. Related Sources: • Source 1 • Source 2