- The ascendants (in the absence of descendants). Their forced share will be the half of the inheritance, unless the succession of the surviving spouse occurs simultaneously. In the latter case, the ascendants' forced share will be one third of the inheritance. - The widow or widower. Their forced share consists in the usufruct of one third of the inheritance (if it occurs simultaneously with the descendants); the usufruct of one third of the inheritance (if it occurs simultaneously with ascendants); and in the usufruct of two thirds of the inheritance if it does not occur simultaneously with descendants or ascendants). B) Regional laws ARAGON (Civil Code Compilation of Aragon). The global forced share of the descendants is two thirds of the inheritance. A widowed spouse's forced share consists in the lifetime usufruct of any real estate and commercial, industrial and agricultural establishments that are part of the inheritance.
tory (that is, with limited liability for the testator's debts). b) Regional rights ARAGON (Regional compilation of Aragon). As a general rule, the same regulations as the ones in the Civil Code apply. One particularity of Aragonese law is that when a testator dies without descendants, the property which is unalienable from the bloodline (the property that the testator had inherited or been donated by his ascendants) will be inherited by kinsmen of the same lineage as the said estate. CATALUĂ‘A (Inheritance Code of Catalonia). The inheritance is conveyed in first place to the testator's descendants. In the absence of descendants, the surviving spouse who has not been separated legally or de facto will inherit. In the absence of descendants and spouse, the ascendants will inherit and, in the absence of ascendants, collaterals up to the fourth degree (with preference given to the closest kin). If the inheritance does not occur with any of the above, the autonomous region of Catalonia shall inherit by intestacy. NAVARRE The order of intestate succession in
Navarre is as follows (Compilation of the Autonomous Community of Navarre): 1.The testator's matrimonial and nonmatrimonial issue (adopted children included). 2.The testator's full siblings 3.The testator's half siblings 4.The testator's ascendants (with preference given to the closest kin) 5.The surviving spouse 6. The remaining collaterals, up to the seventh degree of kinship 7.The Autonomous Community of Navarre BISCAY (Regional compilation of Biscay). Intestate inheritance defers, firstly, to the testator's issue and descendants. In the absence of these, the ascendants will inherit (with preference given to the closest kin); after them, a spouse who is not separated legally or in fact. In the absence of the above, the inheritance will go to the next of kin (up to the fourth degree, inclusive) and, if there are none, to the regional government of Biscay, the beneficiaries by intestacy.
9. Marital property arrangements: bearing on inheritance law In general, marital property arrangements
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have no bearing on inheritance law. When the marital property is shared, the testator's inheritance comprises the value of half of the property shared by husband and wife.
10. Right to the legitimate or natural portion (freedom to bequeath and legal protection in favour of certain family members) I. Concept: The legĂtima is the portion of property that the testator is not free to dispose of at will because the law reserves it for certain beneficiaries, the so called compulsory or legal beneficiaries (Art. 806 Cc). II. The forced share A) Civil Code regime. The compulsory heirs are: - The descendants, in regards to two thirds of the inheritance. One third (called the strictly compulsory third part) is divided equally between all of the issue (with a right of representation in favour of the issue of predeceased, disinherited or unworthy issue). The testator may dispose freely of other third -called the 'third for betterment'- but only in favour of and among his descendants.
BALEARIC ISLANDS (Balearic Compilation). The testator's issue and descendants are the compulsory heirs. Their forced share consists in one third of the inheritance (when there are four or more descendants). In the absence of descendants, the compulsory heirs are the parents (not the rest of the ascendants). Their forced share is one fourth of the inheritance, except on the islands of Ibiza and Fomentera, which are governed by the Spanish Civil Code.
During his lifetime, only the testator has a right to obtain copies of the will. After his death, the beneficiaries, beneficiaries and other people with a legitimate concern may request copies
As a compulsory heir, a surviving spouse has the right of usufruct over: - One half of the inheritance, in there is issue. - Two thirds of the estate, if the testator's parents are alive. - All of the estate, in the absence of descendants and ascendants. CATALONIA (Inheritance Code of Catalonia) The descendants and, in their absence, the ascendants are compulsory heirs. Their global forced share consists in one fourth of the cash value of the estate (assets minus liabilities), calculated on the date of the testator's death. The global forced share must be divided among the descendants or
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ascendants according to the rules for intestate succession. The surviving spouse: - has universal usufruct of the estate, in intestate succession. - In succession with a will, when the surviving spouse does not have sufficient financial means to ensure his or her subsistence, he or she has right to what is known as the cuarta viudal, (the surviving spouse's right to demand from the successors the cash value -assets minus liabilities- of one fourth of the inheritance, calculated on the day of the testator's death).