Only the best inheritance lawyers can carry out the appropriate procedures for the distribution of the deceased's inheritance. In Arranz Abogados| inheritance lawyers Valencia We deal with these situations by taking charge and doing our best not to offend people's sensitivities and being neutral in decision-making. The inheritance lawyers in Valencia at Arranz abogados will accompany you on this path, being the best possible partner when making decisions.
Below we inform you of the current legislation regarding inheritances:
Article 658 of the Civil Code, difference between testate and intestate successions, the difference lies in whether the deceased died granting a will or not.
In intestate succession, that is, one where the deceased deceased did not make a will upon his death, a priority is established in those called to inherit.
Thus, firstly the descendants (children, grandchildren) would inherit, secondly the ascendants (parents and grandparents), thirdly, the surviving spouse and finally the siblings or nephews or the State in default of all of the above.
This list is exclusive, so if there are children or grandchildren they would inherit and not the others and the distribution of the inheritance would be distributed equally among those called.
In Arranz Abogados|abogados herencias valencia we know that testamentary succession For its part, it occurs when a will is granted, which must respect the legal regime of the legitimate ones.
– 1/3 strict legitimate,
– 1/3 improvement.
– 1/3 freely available,
The forced heirs (children and grandchildren) are entitled to 2/3 of the legitimate (strict and better legitimate), although the difference between the two is that the strict legitimate will be divided equally between the heirs while the better It may be used to improve one to the detriment of the rest or distribute it equally among all.
For any query or request for information regarding inheritance lawyers Valencia, you can call us at our phone number 960 728 112.
For its part, the 1/3 of free disposal can be left by the deceased to whoever he wishes.
Therefore, it would be up to the forced heirs.
2/3 of the estate.
- 1/3 strictly legitimizes that it will be distributed equally among all.
- 1/3 improvement, which can be distributed among all or only improve one of the heirs.
1/3 freely available. Which may or may not be distributed among children or descendants.
If there are no descendants, but there are ascendants, the distribution of the inheritance would be carried out in the following way.
- 1/2 of the estate when they do not attend with the widowed spouse.
- 1/3 of the flow when they attend with the widowed spouse.
- 1/3 freely available. Which can be distributed freely.
In any case, for the surviving spouse.
- Usufruct of 1/3 improvement, if you attend with children or descendants.
- Usufruct 1/2 flow, if they attend with parents or ascendants.
- 2/3 if there are no heirs.
- 1/3 freely available. Which can be distributed freely.
These legal limits have an exception and that is the possibility for the testator to disinherit one of the forced heirs, but not to their descendants.
In Arranz Valencia inheritance lawyers, We are specialists in wills, donations, successions, conflicts between heirs, opening of closed wills, will challenges, contradictory expert appraisals or the claim of legacies, among others.
The causes of disinheritance are regulated in articles 848 to 857 CC, whose interpretation to date by our High Court was carried out in a restrictive manner, understanding that its enumeration was exhaustive, and did not allow the inclusion or elimination of new causes, remaining These are restricted to those expressed by law.
Hence the importance of the recent rulings of the Supreme Court dated June 3, 2014 and of January 30, 2015, in which it is interpreted that the emotional abandonment of parents by their children represents psychological abuse that can be considered physical abuse for the purposes of disinheritance of the child. article 853.2 of the Spanish Civil Code.
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The institution of disinheritance is configured as an exception to hereditary succession only applicable when the causes of article 583 of the Civil Code occur: “1.- Having denied, without legitimate reason, alimony to the father or ascendant who disinherits him. 2.- Having mistreated him in action or seriously insulted him in words.”.
To date, the Supreme Court interpreted in a very limited way the concurrence or non-concurrence of said cases, leading on many occasions to dismiss appeals by not assessing or interpreting the circumstances surrounding the case, but rather whether or not the specific cause, so the jurisprudential change is decisive given the new family and social ties that society is going through and that lawyers face every day. In Arranz Valencia inheritance lawyers, We are up to date with the legislation to be able to advise you correctly.
In these Sentences, the Supreme Court understands that “disinheritance can only take place when the specific causes expressly included by law occur, as provided in article 848 of the Civil Code,” but expands such statement with the fact that the interpretation of such precept must be restrictive in relation to the listed causes and not in terms of their significance and scope, which must be carried out on a case-by-case basis to determine if they justify the exception. “This is what happens with mistreatment or serious verbal insults as justified causes of disinheritance (article 853.2 of the Civil Code), which, according to their nature, must be the subject of a flexible interpretation in accordance with the social reality, the cultural sign and the values of the moment in which they occur.”
Valencia inheritance lawyers: donations, wills, resignations…
Likewise, the Supreme Court begins to analyze whether the psychological abuse that the plaintiffs had with their father during the last seven years of their lives, "who, once ill, was left under the protection of a sister, and in whom they were not interested or had any contact, a situation that changed after his death "for the sole purpose of demanding her hereditary rights", It was classified as a just cause for disinheritance, and could be classified as mistreatment of the work included in article 853.2 of the Civil Code.
In Arranz Inheritance lawyers Valencia We are aware that some Notaries have already expressed themselves, despite the fact that the direction of the Sentences is optimal, their application generates a certain legal uncertainty, on the one hand, because the testator must provide all kinds of evidence that proves the psychological abuse at the time. to make a will, and on the other hand, the disinherited person may challenge the clause before the Courts, which will result in the finality of the attributions not being made until some time after their acceptance.
If you live in the capital of Túria and are looking for expert inheritance lawyers in the event that a family member dies, with Arranz Abogados|inheritance lawyers Valencia, They can be sure of doing it in the best way.
