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.
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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.
Asset separation benefit
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
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.
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
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
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
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.
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
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
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
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
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
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
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
Prelegate
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
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.
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
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.
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
