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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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.
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.
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
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.
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.
Cumulative inheritance
It is a form of inheritance agreement....
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.
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.
Intestate heirs:
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
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.
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.
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
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.
Successions in Spain
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.
Trustee substitution
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
