In the field of inheritances, One of the most delicate issues that frequently generates family conflicts is that of legitimate. This is the part of the inheritance that the law obligatorily reserves for certain heirs., known as forced heirs. The legitimate limits, to some extent, the freedom of the testator to dispose of his assets, since it guarantees that the descendants, ascendants or spouse receive a minimum portion of the assets.
Understand how the legitimate works, How it is calculated and what are the consequences of not paying it is essential to correctly manage an inheritance and avoid legal problems. Besides, Knowing the possible avenues for negotiation and the role of an inheritance specialist can make the difference between a smooth process and one full of disputes..
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What is Legitimate in an Inheritance??
The legitimate is the portion of assets of an inheritance that the law obligatorily reserves for the forced heirs. These are usually the children and descendants, although, in their absence, the parents, ascendants and the widowed spouse can be considered beneficiaries.
It is important to highlight that the legitimate differs from the freely available part of the will. While in the latter the testator can freely decide to whom to leave his assets., the legitimate must be awarded compulsorily to the heirs that the law protects.
For example, in many autonomous communities, children have the right to receive, at least, a proportional share of his parents' assets, even if the will states otherwise. This way, The legitimate one acts as a legal guarantee of protection for the closest family members..
How is the Legitimate Calculated??
The calculation of the legitimate amount depends on several factors, as the total value of the deceased's estate, the number of forced heirs and the regulations applicable in each autonomous community.
In general terms, this procedure is followed:
- Determination of inheritance: All the assets and rights of the deceased are added up, subtracting debts and obligations.
- Application of current regulations: Each autonomous community can establish particularities. For example, In Catalonia the legitimate one corresponds to a quarter of the hereditary wealth, to be distributed among the forced heirs (more information in the Civil Code of Catalonia)
- Proportional calculation: Once the global legitimate, is divided among the forced heirs based on their number and degree of relationship.
This calculation can be complex, especially if the estate includes real estate, companies or financial assets. That's why, Having specialized advice is key to guaranteeing a fair and legal distribution.
What happens if the legitimate amount is not paid??
Failure to pay the legitimate amount can have serious legal consequences. Forced heirs who do not receive their corresponding share have the right to judicially demand compliance with the law..
The main consequences of not respecting the legitimate right are that the injured heir can file a judicial claim to demand recognition of his share., that the will can be declared partially void in those provisions that violate this right and that, in certain cases, the defaulting heir is forced to compensate the legitimate heir for the damages caused, which can considerably increase the final cost.
To avoid reaching these situations, It is best to opt for negotiation and legal advice from the beginning of the succession process..
At Inheritance Specialist we help you calculate the inheritance and negotiate fair agreements between heirs.
Negotiations for the Payment of the Legitimate
Payment of the legitimate amount is not always easy. On many occasions, The assets are mainly composed of real estate or family businesses, which makes it difficult to deliver money. That's why, It is essential to seek solutions that allow compliance with the law without putting family assets at risk..
Agreements between Heirs
The most advisable way is to reach an amicable agreement between the heirs.. These agreements may include proportional distributions, transfers of assets or even compensation agreements in installments. Reaching a consensus avoids conflicts and long judicial procedures that tend to be draining both financially and emotionally..
Payment in Goods or Money
The legitime can be paid in money or goods. For example, If the estate is made up of a home, It may be agreed that one of the heirs receives it as payment of his legitimate, while the others receive other goods or economic compensations.
In some cases, The payment can be divided into installments to facilitate the liquidity of the inheritance and avoid the forced sale of family properties.
Mediation and Legal Advice
When agreements are not possible, mediation becomes a useful tool to resolve differences. A lawyer specialized in inheritance not only advises on the calculation of the legitimate, but also helps to propose legal solutions that satisfy all parties.
Mediation avoids long and costly court processes, promoting an understanding between heirs and guaranteeing that the inheritance is paid fairly and in accordance with the regulations.
Contact an Inheritance Specialist
Payment of the legitimate interest is a legal obligation that cannot be ignored. The best way to deal with it is to have the support of an inheritance specialist who can guide you in the calculation., negotiation and compliance with all legal obligations.
If you are faced with a situation in which you must pay or claim the legitimate, don't leave it to improvisation. In Inheritance Specialist we help you protect your rights, to avoid conflicts and reach solutions that benefit all heirs.
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