<\/p>\n
One of the most frequently asked questions in Notaries' Offices is: how much is the inheritance?<\/p>\n
Answering this question requires prior clarification, which consists of determining what is legitimate, since it is not the same in all parts of Spain, as its amount and method of payment vary.<\/p>\n
In general terms, the legitimate portion is a limit established by law to the capacity of a person to dispose of his or her assets by will, because there are other people called legitimate heirs, who have the right to obtain an economic benefit from his or her inheritance.<\/p>\n
Having made this clarification, we will present the presentation in terms of questions and answers, and limited to the legitimate ones recognized by Catalan law.<\/p>\n
1.- What is the legitimate?<\/strong><\/p>\n Legitimate inheritance is the right of certain persons to obtain a patrimonial value in the succession of the deceased.<\/p>\n 2.- When am I entitled to the legitimate inheritance?<\/strong><\/p>\n The legitimate share arises at the time of the death of the deceased. As a result, it cannot be seized for debts of the presumed legitimate heirs.<\/p>\n 3.- Who has the right to a legitimate inheritance?<\/strong><\/p>\n All the children of the deceased are entitled to equal shares. If any of them die before the testator, are disinherited, declared unworthy or absent, their share corresponds to their descendants.<\/p>\n If the deceased has no descendants who have survived, the parents are entitled to equal shares.<\/p>\n 4.- \u00bfWho should pay the inheritance?<\/strong><\/p>\n The heir or heirs are personally responsible for the payment of the legitimate portion and, if applicable, for the supplement thereof.<\/p>\n 5.- How much is the legitimate portion?<\/strong><\/p>\n The amount of the legitimate share is a quarter of the base amount that results from applying the following rules:<\/p>\n a) The value of the assets of the estate at the time of the death of the deceased is taken as a starting point, with the deduction of debts and expenses of the last illness and burial or cremation.<\/p>\n b) To the net value resulting from applying the rule in letter a, the value of the assets given or alienated by another free title must be added by the deceased within ten years<\/strong> preceding his death, excluding customary gifts. The value of the assets that have been the subject of donations attributable to the legitimate portion must be computed, in all cases, independently of the date of the donation.<\/p>\n (c) The value of the assets that are the object of donations or other computable dispositive acts is the value they had at the time of the death of the deceased, with the deduction of the useful expenses on the assets given paid by the donee and the amount of the extraordinary expenses of conservation or repair, not caused by his fault, that he has paid. On the other hand, the value of these assets must be added to the estimate of the damages caused by the fault of the donee that may have reduced their value.<\/p>\n d) If the donee has alienated the assets given or if the assets have been lost through the fault of the donee, the net value resulting from applying the rule in letter a is added to the value that they have or would have had at the time of the death of the deceased.<\/p>\n 6.- How much does each child receive as a legitimate inheritance?<\/strong><\/p>\n A quarter of the value obtained is divided among all the children. If one of them has died, his or her share corresponds to his or her descendants.<\/p>\n In the case of parents, the surviving parents are entitled to equal or full shares.<\/p>\n 7.- How do I pay?<\/strong><\/p>\n Receiving property through a will that covers the part corresponding to the legitimate heir, or having received property during life, via donation, attributable to the payment of the legitimate heir. If nothing is stated in the donation, it is understood that it is not payment of the legitimate heir, having the right to the entirety of it, with some exceptions that are considered by law attributable to the legitimate heir.<\/p>\n In the event that the will only recognizes the legitimate share without making any effective attribution of any property and without naming an heir, the legitimate share will be paid in the manner determined by the person obliged to pay, who may choose payment in money, even if there is none in the inheritance, or payment in assets from the estate.<\/p>\n If the legitimate heir does not agree with the assets assigned to him, he may appeal to the competent judicial authority, which must decide with fairness and through the procedure of voluntary jurisdiction.<\/p>\n 8.- Do I have to accept the legitimate inheritance?<\/strong><\/p>\n No, because it is presumed that the legitimate inheritance is accepted as long as it is not renounced in an express, pure and simple manner.<\/p>\n 9.- What happens if I die before receiving my inheritance?<\/strong><\/p>\n The right to receive the legitimate share is transferred to the heirs of the legitimate heir, except in the case of the legitimate share of the parents, which is extinguished if they die without having claimed it judicially or by notarial request after the death of the deceased child.<\/p>\n 10.- If I have received a donation from my parents, is it on account of the legitimate inheritance?<\/strong><\/p>\n Donations between living persons granted by the deceased with an express agreement of imputation or made in payment or on account of the legitimate portion are considered as an advance on the legitimate portion.<\/p>\n The imputable nature of the donation must be expressly stated at the time it is granted and cannot be imposed subsequently by acts between living persons or by cause of death.<\/p>\n They are also an advance on legitimate inheritance, unless the deceased provides otherwise:<\/p>\n a) Donations made by the deceased to the children so that they can purchase their first home or undertake a professional, industrial or commercial activity that provides them with personal or economic independence.<\/p>\n b) Particular attributions in a succession agreement, donations due to death and assignments of assets to the payment of legitimate inheritances, also made in a succession agreement, when they become effective.<\/p>\n Can the character of advance of legitimate inheritance of a donation be revoked?<\/p>\n The testator may revoke the imputation to the legitimate share in a will or codicil, as well as in a succession agreement or by means of a declaration made in another act between living persons in a public deed. The dispensation of imputation made in a public deed is irrevocable and that made in a succession agreement is only revocable for legal reasons or those agreed between the parties.<\/p>\n 11.- What should the assets received in payment of legitimate inheritance be like?<\/strong><\/p>\n As a general rule, the testator cannot impose conditions, terms or methods on the attributions made as legitimate or attributable to it. Nor can he burden them with usufructs or other charges, or subject them to a trust. If he does so, these limitations are considered not formulated.<\/p>\n 12.- What happens if what they leave me in the will does not cover my legitimate share?<\/strong><\/p>\n The difference, which is called the legitimate supplement, can be claimed.<\/p>\n 13.- What happens if after having collected the legitimate portion, other assets of the deceased appear?<\/strong><\/p>\n If after payment of the legitimate portion new assets of the deceased appear, the legitimate heir has the right to the corresponding supplement even if the legitimate portion has been fully paid or has waived the supplement.<\/p>\n 14.- How are assets used as payment for legitimate inheritance valued?<\/strong><\/p>\n The assets of the inheritance that serve as payment for the legitimate portion are estimated at their value at the time when the person entitled to pay chooses or awards them and notifies the legitimate heir.<\/p>\n 15.- Who is responsible for the initiative to pay the legitimate share?<\/strong><\/p>\n Both the legitimate heir and the person obliged to pay. If the legitimate heir adopts a passive attitude, he runs the risk that the right to claim the legitimate inheritance will expire. If it is the heir who does nothing, he runs the risk that the legitimate inheritance will accrue interest.<\/p>\n 16.- What are the interests that can be accrued by the legitimate share?<\/strong><\/p>\n The testator may stipulate that the inheritance shall not accrue interest or may establish its amount.<\/p>\n In the absence of provisions by the deceased, the legitimate share accrues legal interest from the death of the deceased, even if it is paid in assets of the inheritance, unless the legitimate heir lives with the heir or the universal usufructuary of the inheritance and is in charge of the latter.<\/p>\n The legitimate supplement accrues interest only from the time it is claimed judicially.<\/p>\n 17.- Can I deprive a child of his legitimate inheritance?<\/strong><\/p>\n Only if there is cause for disinheritance<\/p>\n They are causes of disinheritance:<\/p>\n a) The causes of unworthiness established by article 412-3.<\/p>\n b) The denial of support to the testator or his\/her spouse or partner in a stable relationship, or to the ascendants or descendants of the testator, in cases where there is a legal obligation to provide it.<\/p>\n c) Serious mistreatment of the testator, his or her spouse or stable partner, or the testator's ascendants or descendants.<\/p>\n d) The suspension or deprivation of the authority that corresponded to the legitimate parent over the deceased child or that corresponded to the legitimate child over a grandchild of the deceased, in both cases due to a cause attributable to the person suspended or deprived of the authority.<\/p>\n e) The manifest and continued absence of family relationship between the deceased and the legitimate heir, if it is due to a cause exclusively attributable to the legitimate heir.<\/p>\n 18.- What happens if the deceased and the legitimate heir reconcile? <\/strong><\/p>\n The reconciliation of the deceased with the legitimate heir who has incurred a cause for disinheritance, provided that it is due to unquestionable acts, and the pardon granted in a public deed render the disinheritance void, whether the reconciliation or pardon is prior to the disinheritance or is subsequent.<\/p>\n 19 What happens if a child does not agree with disinheritance?<\/strong><\/p>\n If the disinherited legitimate heir challenges the disinheritance alleging the non-existence of the cause, the burden of proof that it existed falls on the heir.<\/p>\n 20.- Can I renounce the legitimate inheritance before the death of the deceased? <\/strong><\/p>\n Unilateral acts, stipulations in succession agreements and transaction contracts or contracts of any other nature granted before the death of the deceased that imply a waiver of the right of inheritance or that prejudice its content are void.<\/p>\n They are valid, if granted in a public deed:<\/p>\n a) The agreement between spouses or cohabitants in a stable relationship by virtue of which they renounce the legitimate share that could correspond to them in the succession of their common children and, especially, the survival agreement in which the survivor renounces the share that could correspond to him in the intestate succession of the deceased child who is an immature child.<\/p>\n b) The agreement between children and parents by which the latter renounce the legitimate that could correspond to them in the inheritance of the predeceased child.<\/p>\n c) The agreement between ascendants and descendants stipulated in a succession or donation agreement whereby the descendant who receives goods or money from his ascendant in payment of future legitima waives the possible supplement.<\/p>\n 3. The waiver made in a succession agreement or donation in accordance with section 2.c may be rescinded due to injury in more than half of the fair value of the legitimate, taking into account the amount that the waiver's legitimate would have on the date it was made. made. The action can be exercised within a period of four years from the granting of the agreement.<\/p>\n 21.- What is the deadline to claim payment of the legitimate inheritance?<\/strong><\/p>\n The claim to demand the legitimate share and the supplement expires after ten years from the death of the deceased.<\/p>","protected":false},"excerpt":{"rendered":" Una de las preguntas m\u00e1s recurrentes en las Notar\u00edas es la siguiente: \u00bfy cuanto es la leg\u00edtima? Responder esta cuesti\u00f3n requiere una precisi\u00f3n previa,\u00a0 consistente en determinar que es la leg\u00edtima, pues no es igual en todas las partes de Espa\u00f1a, ya que var\u00eda su cuant\u00eda y modo de pago. 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