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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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.
Accountant-splitter executor
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.
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
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
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
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 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
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
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.
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
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
The collation
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.
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.
Succession agreement
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 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
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
Preterition
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
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
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
Types of inheritance acceptance
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
