Importance of the succession agreement

In this article you will discover thatwhat is it and the utility of the Succession agreement, being an increasingly less common way of inheriting in our society.

The Catalan civil law in matters of inheritance establishes for the deceased different hereditary institutions to order his succession, such as:

to the inheritance or succession agreement.

b) by succession estate.

c) or by law, opening the intestate succession.

Unlike the Spanish Civil Code, which does not contemplate the institution of a succession agreement, the Catalan Civil Code does so with limitations.

What is the succession agreement?

As extracted from the Doctrine in the Succession law treaty in force in Spain and Andorra it is understood as a succession agreement “ an instrument or documentary support through which its grantors agree to the succession of one or more of them”, Understood as an agreement of wills of two or more people - united by kinship bond- and with irrevocable character, which through a contract agree on the succession between the parties.

What do you need to know?

  1. In this contract by which the wills of two or more parts, becoming a bi or plurilateral act. This type of contract is the so-called succession pact.
  2. The main object of the contract is the order of succession by cause of death of one or more of its grantors.
  3. They are of character irrevocable, without prejudice to the causes of modification, resolution and revocation provided for in the CCCat, the succession being a universal title, or a private title (particular attribution). If the party wishes to unilaterally revoke the succession agreement, it should obtain the consent of the favored grantors or, where appropriate, avail itself of the legal or agreed causes of revocation.
  4. El heir instituted in inheritance that has been a grantor in the pact  succession no can repudiate the inheritance once the heir has died, although the non-granting instituted heir may do so. Thus, the beneficiary of the succession agreement may be one of the grantors or not be part of the succession agreement.
  5. The CCCat does not allow grantors to establish succession agreements on the future hereditary status of a third party not granting the covenant. (art. 431-28 CCC).

Who can award?

Historic context. Previously, succession agreements were only susceptible between marriage settlement, restricting any granting party or not, who did not hold the status of a conjugal partner.

Nowadays, breaking with the previous rule, the succession agreement can be granted outside of marriage, as indicated in Book IV of the Civil Code of Catalonia in its art. 431-2 CCC.

The succession agreement can be granted:

  1. To the parts of the wedding , even before the celebration of this one.
  2. Cohabiting in stable couple.
  3. Their descendants, brothers and extending to spouses of these last.
  4. Family members direct line without grade limitation, or collateral line up to the fourth grade.

Information to consider

The law prohibits the entrance of this institution of strange third parties, whose restriction is strongly criticized, for this reason the usefulness of the succession agreement is very restricted. It is an institution that does not provide advantages over the will, and that the little use of this institution is intended to distribute a large amount of hereditary funds, such as the hereditary distribution of companies.

Next, the people who hold the right of resignation, can only be exercised by those parties to which article 451-26 CCCat refers.

Request more information about this service at the Bosch-Bages Notary in Barcelona.