The legacy of aliquot part is a hereditary provision that supposes the possibility that the testator attributes to a person a liquid quota of the inheritance without naming him heir and is regulated in art 427-36 of the Civil Code of Catalonia. In other words, it allows a third party to leave not a specific good, but the proportional value of a part of the property. The heritage. It is possible, for example, to leave an aliquot legacy equivalent to 50% of all their assets. Due to its complexity, it is not a common figure in willsHowever, it can be of great interest for certain situations.

Characteristics of the share legacy

Who gets a share bequest he is a legatee, so he does not acquire the rights and obligations that an heir may acquire. Therefore, does not respond as a debtor of the obligations and hereditary charges, and the creditors of the deceased cannot go against him. It is the heir who will be responsible for the inheritance debts.

As it is a legacy of obligatory effectiveness (as opposed to the legacy of a specific thing, which is of real effectiveness), the legatee does not acquire ownership of an asset. He acquires the ownership of a credit right against the heir. In other words, the legatee can require the heir to comply with the obligation. The heir may comply by delivering assets of equivalent value, or the money value of the aliquot part of the legacy.

In the cited example (an aliquot legacy equivalent to 50% of all their assets), the heir should deliver to the legatee 50% of the value of the bank accounts and 50% of the value of the remaining assets. This legacy can be carried out by delivering money, or goods with a value equivalent to 50% of the assets of the inheritance.

Assumptions of utility

As we have already mentioned, it is not a provision whose use is widespread. However, it may be indicated for certain cases. In the event that you want to bequeath the assets to a person who, due to a disability or other reasons, may have difficulties managing them correctly; the shareholding legacy allows you to establish an administrator and prevent them from responding as a debtor.

It also makes it possible to leave out of the estate the person who may be problematic in the distribution of the inheritance without leaving them aside. This may be due to a lack of willingness to agree, the impossibility of assuming the obligations corresponding to the debtor, or a bad relationship with the other heirs.

Finally, it is a way to protect the union of the patrimony: allowing the heirs to decide the destination of the assets and ensuring that the legatees in aliquot part they will receive their corresponding quota (it is possible to deliver the value in money, and maintain ownership of the property, without the legatee being able to object).

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