Inheritance Dictionary in CataloniaAntoni bosch2024-03-24T19:26:14+00:00
This dictionary is part of the inheritance related services which are explained on our website. The objective is that people who are planning an inheritance or are going to receive it can know in detail the definition of all the terms related to this important act that is included within the Right of succession.
If you wish, you can make an online consultation to the notary or request an appointment to have a videoconference with the notary and ask about any questions. This type of online notarial service is ideal when it is not required to prepare documents. Click on the following link: online notary to request information.
Another online service that we can offer you is the requestfast simple copies online. Fill in the form on the page and you can request your simple copy electronically.
Term that applies when a person dies without making a will. ...
It is said that the intestate is opened, when the individual dies without having made a will or it is not valid. The law determines the order of heirs who can benefit from the inheritance.
Action attributable to the heir to exercise it in the event that the inheritance is in the possession of other people or without alleging any title (apparent heir)....
Acceptance of the inheritance is essential for have the quality of heir, since the mere fact of being called a an inheritance does not convert directly in holder of the succession hereditary, coulding be susceptible his resignation. It is not necessarya acceptance in succession agreements is not necessary in legacies, without prejudice to the latter to repudiate the legacy.
Font; Inheritance Law of Catalonia by Javier Gómez Taboada. Editorial Lex Nova, S.A.
Inheritance asset
Set of assets and rights that make up an inheritance....
They are the assets and rights that do not expire after the death of the deceased.
Acquisition of the thing bequeathed
Modalities of the acquisition of the legacy by the legatee. ...
Article 427-10 of the CCCat, distinguishes between two types of legacies: mandatory and real. They will be effective obligatory "if the deceased imposes on the taxed person a specific benefit to deliver, to do or not to do in favor of the legatee. If the provision consists of delivering the assets or rights that the legatee must acquire in compliance with the legacy, these are considered to be acquired directly from the deceased.". In the legacies efficiency part "By virtue of the legacy alone, the legatee acquires real or credit assets or rights, determined and proper to the deceased."
Source: Inheritance Law of Catalonia by Javier Gómez Taboada. Editorial Lex Nova, S.A.
Pperson who maintains a relationship de Trust with the testator, in charge ofrunr the provisions that you have set in the will, succession agreement or codicilo, among others required by the testator.
Source: Inheritance Law of Catalonia by Javier Gómez Taboada
Power of the designated person to divide and distribute the inheritance. ...
The divider counter figure a whose person, named by the testator in the testament, make the distribution of hereditary assets among the named heirs. If this is not designated, but if there is designatedo an executor, it will be up to him to carry out the partition practice.
Source: Catalan Succession Law by Javier Gómez Taboada.
The testator grants specific powers to the designated person. ...
It is the trusted person of the testator, who can only run acts in which the testator has empowered him to do so, and failing that, thefaculties pointed out legally. Succession figure regulated in article 429-12CCCat.
Source: Inheritance Law of Catalonia by Javier Gómez Taboada
General powers that are granted to the person chosen by the testator. ...
It is lthe trusted person of the testator, has wide and diverse powers to execute the provisions established by the testator in his testament, succession agreement, covenant, or that other requirementsos donetwo. Succession figure regulated in article 429-8CCCat.
Source: Inheritance Law of Catalonia by Javier Gómez Taboada
Powers acquired by the person who is instituted executor....
Schools acquired by the person who is instituted executor to: pay debts and inheritance charges and taxes caused by the succession, fulfill the legacies and otherss provisions testamentary, pedit the fulfillment of the ways, pay the legitimate ones, carry out the acts of monetary realization established by article 429-9 CCCatto the extent necessary to make the payments referred to in the letters to)a d) and those of the corresponding expenses. The challenge of these device acts does not affect their validity against third party purchasers in good faith. In default that the testator has appointed a counter splitter, the executor will practice the partition of the inheritance in the case of the hereditary community.
Source: Inheritance Law of Catalonia by Javier Gómez Taboada
Powers granted by the testator to the Executor of the inheritance. ...
This executor this empowered to: Dispose of for consideration inheritance assets, collect credits and cancel their guarantees, withdraw deposits of all kinds, pay debts and inheritance charges and taxes caused by the succession, fulfill the legacies and other testamentary provisions, request compliance with the modes, pay the legitimate ones, and be able to perform all the acts that are necessary for the realization money of the inheritance assets.
Source: Inheritance Law of Catalonia by Javier Gómez Taboada
Right attributed to the spouse or surviving partner....
It consists of the right to reside in the home of the pre-deceased spouse and to be fed charged to the deceased's assets during the year siguiente upon his death.
Source: Catalan inheritance law of Javier Gomez Taboada. Editorial Lex Nova, SA
Right of the separation of assets that exist between the deceased and the heir. ...
After the death of the deceased, the creditors who have the right to credit have the power to collect their debts through the deceased's assets, but with the limit of not transferring the collection of debts to the estate of the heir, thus producing a separation of assets. . Source: Catalan inheritance law of Javier Gomez Taboada. Editorial Lex Nova, SA
To be an heir, two conditions are required: exist or have been born at the time of the succession statement....
However, those already conceived at the time of deferral of the succession may be heirs (unborn). The not conceived (conceptus) can become heirs if, by deferring or obtaining the calling, they have already been born.
In Catalonia, a notarial will, open and closed, and a holographic will....
Each legislation has its own wills. Thus, the Spanish civil code contemplates the military will, the maritime will, the testament in danger of death and the will in case of epidemic. Also, as a variant of the notarial will is the consular will.
It is a complementary inheritance document of the will that adds, modifies or reforms it. BOE
Computation and imputation and collation
Computation and imputation are operations related to the legitimate (but not based on the institution of heir). The computation is the calculation that allows the determination of the legitimate, adding to the relictum (inheritance) certain donations made by the deceased. The imputation is the obligatory consideration made by the heir to accept that the donations made by the deceased (in life) to the heir, have already been made as their corresponding share of the legitimate. ...
Source: Catalan inheritance law of Javier Gomez Taboada. Editorial Lex Nova, SA
Hereditary community
Hereditary situation that arises with the acceptance of the same inheritance by several heirs, and ends with the partition of it....
The different heirs have the right not to specific hereditary assets, but to the whole that makes up the content inheritance, so that a community is created among the co-owners.
Source: Inheritance Law of Catalonia by Javier Gómez Taboada. Editorial Lex Nova, S.A.
The will gives the possibility to plan, order and dispose of the estate for after death....
It is a manifestation of individual autonomy and the freedom to dispose of assets in this case after death.
Amount of the legitimate in Catalonia
The amount of the legitimate is a quarter of the value of the inheritance, which will be divided by the number of legitimate that proceed in equal parts. The legitimate is deduced from the valuation of the assets and rights that they had at the time of the death of the deceased. ...
The heirs do not each receive a quarter of the inheritance, it is that quarter that will be distributed among all the existing legitimate ones. Source: Catalan inheritance law of Javier Gomez Taboada. Editorial Lex Nova, SA
Right that the Law attributes to the heir when he sees his patrimonial benefit diminished or flooded because of the legacies that he is obliged to satisfy....
Considering this circumstance, the heir has the right to obtainner a quarter of the hereditary patrimony, even when obtaining it implies the reduction or suppression of legacies. As it is not a mandatory law, the heir has the power to exclude himself by the will of the testator, and waive this right.
Source: Inheritance Law of Catalonia by Javier Gómez Taboada
Institution of Catalan Law and Majorcan, with the functionde encourage the acceptance by part of the trust heirario. The Trustee tIt is intended to preserve and deliver the hereditary assets and transmit them to the substitutes in exchange for obtaining the law a a quarter of the assets and rights of the trust.
Source: Catalan inheritance law of Javier Gomez Taboada. Editorial Lex Nova, SA
Right acquired by the widowed spouse or surviving member. ...
Right that the widowed spouse or surviving member of the domestic partnership can claim if a situation of need on the part of the survivor arises, for not having economic resources enough to satisfy your needs.
Source: Catalan inheritance law of Javier Gomez Taboada. Editorial Lex Nova, SA
Public document necessary to be declared heir in a situation of an invalid intestate or will....
The people that will inherit require a notary to grant certificate of declaration of intestate heirs.
See Inheritance Law of Catalonia by Javier Gomez Taboada. Editorial Lex Nova, SA
Delation
It is the effective appeal to a person to succeed another as heir or legatee....
It is always produced by the mere fact of death, but there are exceptions in which the appeal is deferred by a suspensive condition or by a trust.
Right to increase
The vacant quota due to pre-placement or resignation of a joint heir corresponds to the others in the same proportion as they are heirs. The right of accretion acts subsidiarily to the right of representation and vulgar substitution. Source: Catalan inheritance law of Javier Gomez Taboada. Editorial Lex Nova, SA boe - Book IV Civil Code of Catalonia
Right of representation
The descendants (children, or failing that, grandchildren) of a pre-deceased person (deceased before the deceased), declared absent or unworthy, are called to take their place in the intestate succession. ...
No se can represent a the one who ha renounced a the Heritage. The representation only has áscope between The descendantsand nephews of cause. In the case of not being able to occupyI know the vacancy by representation of Serving no holder of the inheritance, will be acquired by the joint heirs. In the absence of these, the heir would be called siguiente of order succession.
Source: Catalan inheritance law of Javier Gomez Taboada. Editorial Lex Nova, SA
In Spain, the percentage that heirs receive depends on whether the legislation that is applied in each Autonomous Community is common or regional. CCCat
Disinherit
It is the action of depriving a legitimary his legitimate. ...
Disinheritance can be based on a just cause or have no cause or be the contradicted cause in a process.
Donation made in consideration of the donor's death....
The donor does not transmit the donated thing to the donee until the transferor dies, since on the contrary it would be a donation inter alive. There are two types of donation mortis causa: a) the one thatimplies the actual transmission of the donated object, being able be revocable in may be made by each moment by the donor until his death and staying adetraditional ineffective if donee dies before donor; and b) donation subject to suspensive condition in which the donor dies before the donee.
Source: Catalan inheritance law of Javier Gomez Taboada. Editorial Lex Nova, SA
Foreigners residing in Spain are subject to the inheritance law of the place where they died....
This application is determined by the European Union Regulation 650 approved in 2012 and entered into force on August 16, 2016.
Escrow
It is a succession institution by which the testator entrusts his assets to another person to manage or preserve them. ...
It is based on a relationship of trust between the testator and a person who will have the responsibility of managing or preserving certain assets in order to deliver them to others at a specific time. Source: Catalan inheritance law of Javier Gomez Taboada. Editorial Lex Nova, SA
It is a form of inheritance agreement, by which heir is instituted, in such a way that it confers on the person or persons instituted the quality of universal successors of the inheriting, and which In addition, the current transfer of the patrimony of the inheriting.
Funete: Catalan Succession Law by Javier Gómez Taboada.
Agreement on the appointment of the heirs on the estate of the deceased. ...
The grantors reciprocally agree on the institution ofheir to favor of the one who survives.In this case, it may be agreed that when the survivor dies, the inherited assets will transit with anotheras people.
Funete: Catalan Succession Law by Javier Gómez Taboada.
The inheritance can be agreed on a preventive basis....
It is a revocable institution unilaterally, with a few exceptions. It loses its validity if later, the inheriting grant testamentopen notarial agreement or new succession agreement.
Funete: Catalan Succession Law by Javier Gómez Taboada.
It is a form of succession pact, by which heir is instituted, in a way that “confers on the person or people instituted the quality of universal successors of the inheriting.
Funete: Catalan Succession Law by Javier Gómez Taboada.
It is the person who succeeds the deceased or deceased....
The heir succeeds, acquires the assets and liabilities of the inheritance that have not been attributed to others through a legacy and is the one who executes the succession.
Apparent heir
Person who owned the assets of the inheritance pretending to be heir, without actually being one....
Through the inheritance petition action, the real heir can claim the inheritance from the heir apparent, but you will not be able to recover the goods that have acquired bona fide third parties transmitted in contracts oneroussmade by the heir apparent (Art. 34 HL)
Source: Inheritance Law of Catalonia by Javier Gámez Taboada. Editorial Lex Nova, SA
It is a natural person, who maintains a relationship of trust with the testator in order to safeguard secrecy or maintain a discretion on the final destination of the goods. ...
El The testator trusts that the assets acquired by the heir will fulfill the destiny entrusted to them confidentially, orally or in writing. ANDThis figure is regulated in art. 424-11CCCat.
Source: Catalan inheritance law of Javier Gomez Taboada. Editorial Lex Nova, SA
This institution is regulated by article 424-1 of the CCCat which precepts"The testator may establish heir to the descendant that his spouse or surviving partner chooses among the common children and their descendants, even if their ascendant lives, or may institute them in equal or unequal parts that the surviving spouse or partner deems appropriate.".
Source: Catalan inheritance law of Javier Gomez Taboada. Editorial Lex Nova, SA
Those called by the order indicated by the Law....
In copen communityes autonomoussthe order of calling may be different (depending on the legislation applicable by default in that territory). Who is considered to have the right to succeed intestate of a deceased person without a will or that it is invalid are decendents, ancestors, spouse or person united by an analogous relationship of affection to the spouse, or their collateral relatives, and in their absence, the relevant administration for each autonomous community.
Source: Catalan inheritance law of Javier Gomez Taboada. Editorial Lex Nova, SA
Legal act in which assets, rights and obligations (debts) are transferred to the so-called heirs.
...
The heir / heir can be a natural or legal person who has the right to receive all the assets or a part of those included in the inheritance. Inheritances belong to what is known as inheritance law.
Lying inheritance
Situation in which the inheritance is found, existing heirs, but waiting for them to accept or renounce the inheritance. Source: Catalan inheritance law of Javier Gomez Taboada. Editorial Lex Nova, SA BOE - Book IV Civil Code of Catalonia
Inheritance unworthiness
It is unworthy to succeed the person whose behavior legally marks him out to be an heir....
People who have had a negative, unfavorable or intimidating behavior towards the deceased person can be judicially reproached and lose the rights that may correspond to them intestate.
The will of a legal business and has its rules of interpretation. The most important is that the interpreter has to seek the will of the testator....
In addition to the search for the real will of the testator, the testament has other hermeneutical rules that are present in all civil laws of Spain.
Ius transmissionis
In this situation is the heir who is called to an inheritance and dies without accepting or repudiating the inheritance....
The appeal may be en will, due to a contractual inheritance or carefully by the opening of the abintestate. If he heir dies after the culprit, without having accepted or rejected the inheritance, The inheritance is passed on to the heir from the heir.
Source: Catalan inheritance law of Javier Gomez Taboada. Editorial Lex Nova, SA
Mechanism that seeks equal treatment between heirs....
The Donations made inter alive free of charge, always that the attribution has been made in the concept of legitimate or attributable to it, or that the deceased has expressly established, at the time of granting the act, that the attribution is cprofitable.
Source: Catalan inheritance law of Javier Gomez Taboada. Editorial Lex Nova, SA
Remuneration that the spouse acquires for providing a substantial time in the employment of domestic services. ...
Right attributed to the spouse or surviving partner of the deceased, typical of the separation of property regime, which arises when a spouse has workedfor the home substantially more than the other, andmbefore and when at the time of the extinction of the regime (separation or mortis causa), the other has acquired an increase in . superior to the other spouse, in accordance with the provisions of the CCCat in its articles 232-5.
Source: Catalan inheritance law of Javier Gomez Taboada. Editorial Lex Nova, SA
The cause of extinction of the hereditary community is the partition of the inheritance....
The cause of extinction of the hereditary community is the partition of the inheritance, which consists in distributing the goods, depending of the quota attributed to each joint heir. I participatedInheritance can be done by the causer himself (normally through the will), by an executor or accountant-divider appointed by the deceased himself, it can also be split by the same heirs, who in this case would analogous to a contract, and for a árefereeo designated by the heirs themselves or by the deceased. Also -and in case of disagreement- the partIt can be ordered by a Judge.
Source: Catalan inheritance law of Javier Gomez Taboada. Editorial Lex Nova, SA
Right attributed to the spouse or surviving partner of the deceased....
Gives the deceased spouse or surviving partner the right of ownership over the furniture, furnishings and clothes of habitual use of the deceased, except those of extraordinary value.
Source: Catalan inheritance law of Javier Gomez Taboada. Editorial Lex Nova, SA
Right of the legatee to claim the aliquot part from the heir. ...
Attributes to the legatee the right to be awarded assets of the liquid hereditary asset for the value corresponding to the aliquot part set by the deceased, being ablegive the possibility de that the heir pay him in money, even if this is not exist in inheritance. The legateThe river, unlike the heir, is not liable as a debtor of theobligations and hereditary charges. The right of the legatee depends of inheritance assets, due to that if supervening debts appear, the legatee must reimburse to the heir the difference between the value originally set in the aliquot part and its real value, given the amount of the legacy asset.
Source: Inheritance Law of Catalonia by Javier Gómez Taboada. Editorial Lex Nova, S.A.
It consists of instituting the children of the deceased as heir and the universal usufruct is bequeathed to the spouse or common-law partner....
Es very frequent this institution to the territories that are subject to the Spanish Civil Code. It is regulated in article 427-34 of the CCCat.
Source: Inheritance Law of Catalonia by Javier Gámez Taboada. Editorial Lex Nova, SA
It is a private purchaser designated by the deceased in his will or succession agreement....
The legatee is not liable for the debts and generally acquires specific rights and assets, although he can also acquire an aliquot part of the inheritance.
It is the part of the assets or rights that the law requires to leave to certain relatives of the deceased such as children, parents or spouses....
In Catalonia the legitimacy varies depending on the type of heir, so the children and descendants have the right to 1/4 part of the inheritance, the parents to a fourth part as well and the widowed spouse or who live together up to 1/4 part if he does not have own resources.
The purpose of the report is the provisions that do not exceed 10% of the relict estate and that refer to money, personal items, jewelry, clothing and household items.
Executor's mission
Person in charge of ensuring compliance with the wishes of the testator. ...
The trusted person of the testator which administers and watches over the assets and wills of this, in order to be meet the provisions found in the will and notarial documents.
Funete: Catalan Succession Law by Javier Gómez Taboada.
Modification of succession agreements
By virtue of article 431-12 CCCat, "the succession agreement and the provisions it contains can be modified and resolved by means of an agreement of the grantors formalized in a public deed"....
"The power to modify and resolve succession agreements by mutual agreement expires after the death of any of the grantors." If in the granting of succession pact two or more people attend to modify or resolve the covenant succession, only the consent of the the parts that are affected by said modification or resolution.
Source: Catalan Succession Law by Javier Gómez Taboada.
Imposition made by the deceased to the heir or legatee....
Imposition made by the deceased to the heir or legatee of a load, a destination or a limitation, which does not attribute other rights other than to fulfill the obligation of the deceased, without a direct benefit for him obliged. It may consist of concluding a activitywhose beneficiary is a third party, or desired events in the memory of the deceased.
Source: Catalan Succession Law by Javier Gómez Taboada. Editorial Lex Nova, SA
It is necessary to institute an heir, since it is the essential requirement for the will to be valid (article 423-1 CCCat)....
El appointment of heir in the Catalan Law andIt is indispensable, soe the lack of this would open intestate succession. However, the will addict for the non-existence of the heir is valid in the form of codicil which will coexist with the declaration of intestate heirs.
Source: Catalan inheritance law of Javier Gomez Taboada. Editorial Lex Nova, SA
Business between two or more people who agree to hereditary succession. ...
Also called contract inheritance, is a business by virtue of which two or more people agree "the succession due to death of any of them, through the institution of one or more heirs and the realization of attributions in a private capacity " (article 431-1). Has as principal particularitythe irrevocability of contract, being necessary for its modification the consent of all sharesintervening parties. The participation of the person whose succession is in question is essential: since the law does not allow agreeing the distribution of the inheritance of a third party still alive.
Funete: Catalan Succession Law by Javier Gómez Taboada
The deceased makes a specific disposition of goods or rights, and may already be part of the content of the legacy....
LThe legislation that applies to it is the same as the legacy regime. The pactor succession of particular attribution drift effects since the death of the deceased, which on the contrary, if the recipient of the goods or rights will be received during the life of the cause, it is considered a donation.
Source: Inheritance Law of Catalonia by Javier Gómez Taboada
The legitimary can receive the legitimate in the life of the deceased or by the death of this. ...
The legitimate pcan have received the legitimate in life of the deceased, through donations that attribute goods to the legitimary of form Delivery to Italy takes one or two business days (chargeable donations). Or you can receive the legitimate one at the death of the deceased, through the institution of inheritingor, legacy or particular attribution. The legitimary may claim the legitimate directingsedirectly toheir that is who is obliged to deliver it.
Source: Catalan inheritance law of Javier Gomez Taboada. Editorial Lex Nova, SA
It is resorted to splitting the inheritance by resorting to an arbitration procedure, either because the parties want it in this way or because the testator has decided it. Source: Catalan inheritance law of Javier Gomez Taboada. Editorial Lex Nova, SA BOE - Book IV Civil Code of Catalonia
Partition between the co-heirs
The partition can be carried out by the same heirs which, in this case, would be analogous to a contract (article 464-6). Source: Catalan inheritance law of Javier Gomez Taboada. Editorial Lex Nova, SA BOE - Book IV Civil Code of Catalonia
Partition made by counter-divider
Independent third party in charge of distributing the inheritance, appointed by the testator himself, who will attribute the inheritance depending on the will of the deceased or the legal provisions. boe - Book IV Civil Code of Catalonia
Partition made by the testator
The partition of a community inheritance can be specified by the deceased himself. ...
Normally the partition is made through the will, or the deceased himself can attribute this function to an executor or accountant-party specified by the testator. The only limit that the testator has is the intangibility of the legitimate one.
Source: Catalan inheritance law of Javier Gomez Taboada. Editorial Lex Nova, SA
Ultimately, when the parties do not agree, and in a subsidiary way to the other options, the judicial partition may be resorted to, the judge being the one who appoints the parties to partition and carry out the inheritance. Source: Catalan inheritance law of Javier Gomez Taboada. Editorial Lex Nova, SA BOE - Book IV Civil Code of Catalonia
Inheritance liability
It is the set of obligations that make up the estate of the deceased or deceased....
In Latin rights - such as Catalan - the obligations are transmitted to the heir once he has accepted the inheritance.
Deadline to claim the legitimate
The heir will have a general term of 10 years from the death of the deceased to claim the legitimacy from the heir, having to address him directly. See Inheritance Law of Catalonia by Javier Gomez Taboada. Editorial Lex Nova, SA
Possession of the thing bequeathed
The legatee will take direct possession of the legacy object, when the heir, or authorized person delivers it, being necessary the concurrence of the heir....
It is exempted from said delivery of possession by the heir, in the cases of: a) Prelegate; b) the legacy of universal usufruct; c) in Tortosa, if the inheritance is distributed in legacies; d) cases in which el cause authorizes it for a reason of null or difficult relationship between heir and legatee.
Source: Catalan inheritance law of Javier Gomez Taboada. Editorial Lex Nova, SA
Preference for succession titles
The inheritance is imposed on the will, and this takes precedence over the intestate succession....
The other provisions, codicils, testament, only take precedence if they agree with the main title.
Legacy made in favor of who, in addition to being a legatee, is an heir (art. 427-5 CCCat)...
The testator names one or more heirs (essential fact for the validity of the will in Catalan Law, but in addition, to an heir or several, you can attributesome certain particularities. The heir that se finds himself in a circumstance of pre-legacy, he may repudiate the inheritance and accept the legacy, or vice versa.
Source: Catalan inheritance law of Javier Gomez Taboada. Editorial Lex Nova, SA
It is the non-mention of a heirship in the testament or succession agreement; or the mention but without any patrimonial attribution....
There are two types of preterition: a) the intentional: it derives from the will of the deceased not to mention the heirship or to leave nothing, so that he may claim his legitimacy from the heir of the deceased; and b) erroneous preterition: el testator ignores the existence of the legitimary, so that this is not mencited. Can carry consecuencias serious, such as the invalidity of the will.
Source: Catalan inheritance law of Javier Gomez Taboada. Editorial Lex Nova, SA
Yes, the heir can be deprived of legitimacy, for reasons of indignity towards the deceased, acting with unfavorable behavior towards the deceased and stating it in writing in the will or succession agreement. Source: Catalan inheritance law of Javier Gomez Taboada. Editorial Lex Nova, SA BOE - Book IV Civil Code of Catalonia
professio iuris
Latin term with which the choice of the applicable succession law is designated....
The EU regulation 650/2012 allows in its Article 22 that the law applicable to the succession is chosen. Before the application of this European Regulation this choice was not possible.
Succession prohibition
Prohibition imposed by the testator or donor to the beneficiary who acquires the goods or rights....
Prohibitionimposed by the testator or donor to the beneficiary that acquires the goods or rights, when these are transmitted free of charge (donations), whether inter vivos or mortis causa, because the beneficiary the goods are given to him in exchange for nothing. Restrictions and limits may not exceed thirty years, o at most, of a person's life. The Mortgage Law, admits la registration to the Registry of the property to ensure compliance (article 26 LH).
Source: Catalan Succession Law by Javier Gómez Taboada. Editorial Lex Nova, SA
Rule from Roman law and applicable in Catalonia that supposes the incompatibility between the appeal x testamentary title, settled or legal. ...
No one will be heir in a part x testament and in another part intestate. The succession will be governed by a single succession title. In the Spanish Civil Code this rule does not apply.
Right of the heir to repudiate and not want the inheritance. ...
A set of formal requirements is required to proceed with the renunciation of the inheritance. It is mandatory to do so expressly in a public document or by writing addressed to the competent judge. As a consequence, will called to the The heritage subsidiary persons, being able to be los substitucough vulgaresco-heirs to whom accretece inheritance, intestate successor to whoever applicable ...
Source: Catalan inheritance law of Javier Gomez Taboada. Editorial Lex Nova, SA
Right of non-acceptance of inheritance by minors or disabled persons....
The resignation and acceptance is the faculty of a person who has the capacity to act. As a general rule, minors and disabled people lack this capacity to act and they will only be able to renounce the inheritance if authorized.judicial zation that allows minors or minors to to the people placed in guardianship renounce the inheritance. On the other hand, emancipated minors and persons placed under guardianship must be assisted by ciertas people who complement your ability.
Source: Inheritance Law of Catalonia by Javier Gómez Taboada. Editorial Lex Nova, S.A.
The general rule of succession agreements is that they are irrevocable, and may be revocable if some assessed exceptions are met. ...
The legal system contemplates some exceoptions assessed in articles 431-13 to 431-17 CCCat, that concurring any of them, the contract can be annulled:1º Incurring the heir or favored one because of indignity (art. 412-3).2 º The grantors of a succession agreement may revokeunilaterally the pact if any of the causes expressly agreed upon, or for breach of the charges imposed on the favored. 3rd Due to the impossibility of fulfilling the purpose that was determining the agreement or some theirprovisions, or there is a substantial, sudden and unpredictable change of the circumstances that constituted its foundation, giving rise to the application of the Rebus Sic clause Standbyen elsupposed of successions. 4th Marital crisis or the stable union of a couple, with respect to the attributions that have been mutually granted. I also knowloses the fourth vidual (article 452-2 CCCat).
Source: Catalan Succession Law by Javier Gómez Taboada.
Roman rule in force in Catalonia, it means that he who is heir is always heir...
Consequently, the terminating terms and conditions of the heir are deemed not to have been established, since the heir cannot cease to be as a result of a condition that resolves his title as heir.
Succession title where the Law establishes an heir who has not been voluntarily designated....
The intestate succession is opened in the event that the will does not exista o sea invashore,or in the event that those designated in a will or inheritance (not compatible with the intestate) cannot acquire the inheritance due to: having pre-deceased the deceased or repudiated the inheritance, be unworthy or unskilled or have been declared absentWithalways which In any of these previous cases, a person with a subsidiary right to inherit (vulgar substitute or joint heir) has not been named.
Source: Catalan inheritance law of Javier Gomez Taboada. Editorial Lex Nova, SA
The inheritance and gift tax in Catalonia has its own regulations....
This regulation is complementary to the regulation of the Spanish State since we are facing a ceded Tax. This regulation has been modified in the month of May 2020.
In Spain 7 legal regimes that order the succession coexist. ...
They are the Civil Code that is applicable to Spain. And the codes or laws of succession of Aragon, the Balearic Islands, Catalonia, Galicia, Navarra and the Basque Country.
Exemplary substitution
It is the will of the incapacitated descendant made by the ascendant, and includes, in addition to the assets of the testator, those of the incapacitated person who has not made a will or succession agreement....
Exemplary substitution seeks to avoid intestate succession of the legally incapacitated person (Article 425-10 CCCat). This will be ineffective if the incapacitated person had granted a will or inheritance agreement, or if the disabled stop being.
Source: Catalan inheritance law of Javier Gomez Taboada. Editorial Lex Nova, SA
Appointment of a second heir to later succeed the first. ...
It is intended to maintain the trust patrimony, designating a second heir so that this happen al primer heir. The will of the settlor testator is fix a commission tol trustee (first heir), for later succeeded by other heirs who would be the substitute trustees. To ensure the conservation of the goods and their substitute transit, the general rule is that the trustee does not have the power to provision (except for assessed exceptions), only enjoyment being possible of the thing. Regulated regime in art. 426-1 of CCCat.
Source: Catalan inheritance law of Javier Gomez Taboada. Editorial Lex Nova, SA
The institution of the trust supposes the existence of two holders. The first, called trustee, is a temporary or conditional holder, while the second, the trustee, is the ultimate beneficial owner. The residue trust is the one that by Law or Act of the testator, the trustee can dispose of the assets of the trust inter vivos and onerously. Source: Catalan inheritance law of Javier Gomez Taboada. Editorial Lex Nova, SA BOE - Book IV Civil Code of Catalonia
Preventive Waste Substitution
Provision of the testator in the event that his heirs or legatees die without leaving a successor. ...
The testator, foresees the situation that his heirs or legatees, who acquiren the goods by succession tested, die without leave happeningr Voluntary. In this case, the testator previouslyflame to one or more people for acquire that goods inheritance which had been delivered to the heir or legatee, and of those who have not ready by acts between living, by any title, or by cause of death. Regulated regime in art. 426.59 of CCCat.
Source: Inheritance Law of Catalonia by Javier Gámez Taboada. Editorial Lex Nova, SA
Appointment of a subsidiary heir to the first. A second person is named heir, for cases where the firsto does not want or is impossible inherit, siendo for causes la repudiation of inheritance, premorience -death before the deceased-, legal absence, disability and indignity. It applies the same to the figure of the legatee, and can not only be established in the testate, being posible vulgar substitution in the succession or codicil agreement.
Source: Inheritance Law of Catalonia by Javier Gómez Taboada. Editorial Lex Nova, S.A.
Extra-ordinary will that is granted in a pandemic situation before witnesses and that expires if it is not formalized after the pandemic before a Notary Public....
In Catalonia, a will before witnesses is prohibited even in the event of a pandemic.
It is a strictly private will that must be drawn up in the handwriting of the testator....
The ológrado testament has a series of formal requirements such as the day it is granted, place, and corrections, strikeouts, interlining words or phrases must be saved.
Acceptance can be outright, or it can be limited to inventory benefit. ...
La acceptance outright supposes that the heir responds to the obligations and debts of the deceased, even with el . commitment of the heir. On the other hand, acceptance for the benefit of inventory, prevents the merger of the . of the deceased with that of the heir, they limitdo the obligations of the deceased to respond with the goods and . of this, without interfering with the property and rights of the . own personal of the heir.
Source: Catalan inheritance law of Javier Gomez Taboada. Editorial Lex Nova, SA
It is the title written in the form of the base document of the succession....
The title can come from the deceased or deceased (testament), come from a pact with his heirs (succession pact) or derive from a legal declaration (intestate title).
The usufruct of an inherited asset is the right that a person has to enjoy said asset that has been inherited, without being the owner of it. The person who enjoys the asset is called the usufructuary and has the right to use and enjoy the inherited asset, but does not have the right to sell it, rent it or dispose of it in any other way....
In legal terms, the usufruct is a real right that is granted to a person to use and enjoy a good, either movable or immovable, which belongs to someone else. In the case of a good inherited, the usufruct can be granted by the testator in his will or it can be established by law in case a specific beneficial owner has not been designated. It is important to note that the usufruct has a limited time and it can be established for a specific period of time or until a condition established in the will or in the law is fulfilled. At the end of the established period, the inherited property returns to be the property of the original owner or their legal heirs.
Advantages of the notarial will
The notarial will presents on the holographic will and on the fact of dying without a will....
El notary ensures that the will will be well written, well founded legally and will also have it in deposit to ensure the authentic copy at the time of the death of the testator.
Can a will be modified?
The will is a personal, unilateral act and therefore revocable at any time. ...
The execution of a later will presupposes the revocation of the earlier will.
Can a will be declared null and void?
A judge can declare a will null and void based on various causes. https://www.boe.es/buscar/act.php?id=BOE-A-2008-13533&p=20191028&tn=1#cii-2...
It may be due to the lack of legal formalities, the lack of capacity or the vices of consent in the testator such as the error or violence that has been infringed upon him to make a will.
