The will is an essential document that facilitates the management of the inheritance after the death of a person. Its importance is magnified in complex family situations, such as those involving multiple marriages and offspring from different relationships. In Barcelona, ​​where family diversity is increasingly common, intestate and that it be clear and well structured is essential to ensure that your wishes are respected and to minimize potential conflicts between your loved ones.

In the legal field, the Spanish civil code establishes that, in the absence of a will, the children of the deceased have priority over the widowed spouse in terms of inheritance. This means that, without a will, the widowed spouse could only obtain the right to usufruct one third of the inheritance, known as "usufructuary legal fee«. In cases where there are no children, the parents of the deceased would be next in line to inherit, leaving the spouse in an even more disadvantaged position.

For those who have started a new family or have children from several marriages, it is crucial to make a will that clearly specifies the distribution of the inheritance. Not only does this ensure that your assets are distributed according to your wishes, but it can also serve to improve the legal situation of your current spouse. For example, through your will, you can assign him universal usufruct of the entire inheritance or leave him specific assets in the freely available third.

It is also advisable to consider the appointment of a splitting accountant. This figure can be essential to facilitate the inheritance distribution process, especially in cases where the assets are complex or there is a high potential for disputes between the heirs. A dividing accountant acts as a mediator and administrator, ensuring that the division of the inheritance is carried out equitably and in accordance with what is established in the will.

In Catalonia, the practice of making wills is increasing, according to data from the III Notarial Observatory of Catalonia. This increase reflects greater awareness of the importance of succession planning. However, despite the existence of wills, family problems and disputes continue to be common. Many times, these conflicts arise due to the lack of specificity in the will regarding the assignment of specific assets, such as real estate or bank accounts, which can generate misunderstandings and litigation between heirs.

To avoid these problems and ensure a smooth transition of your legacy, it is vital to consult with a notary who has experience in inheritances and wills. If you live in Barcelona and need specialized advice, we invite you to contact our notary office. We can help you draft a will that reflects your wishes and protects your family's interests in all their forms.

Remember that anticipation and clarity in estate planning not only protects your wishes, but also provides peace of mind to your loved ones during difficult times. If you have questions or would like to schedule an appointment to discuss your case, please do not hesitate to contact us. We are here to assist you every step of the process.