Negotiations and payment of legitimate: What is it and how is it distributed??

What is it and how is the legitimate share distributed??

He art 806 of the Civil Code establishes that the “Legitimate is the portion of property that the testator cannot dispose of because the law has reserved it for certain heirs.”, called for this forced heirs".

It is about, well, of a part of the inheritance that cannot be freely disposed of, but it must be distributed among the forced heirs. And Spanish legislation establishes that at least something must be left to certain heirs. A part that must be taken into account by the person who grants the will, so it cannot be challenged, and by those who receive the will, although they may not be satisfied with the distribution.

The only way to prevent a forced heir from receiving his share of the legitimate inheritance is for him to be disinherited by said person., provided that the requirements established by law for this are met.

Who are the forced heirs?

Forced heirs are those who the law designates as deserving a part of the inheritance so that even if their rights are not included in the will, I was able to claim his share through court.

They are the descendants, ascendants and spouse, in this order, giving the law priority to some over others, losing the right or being reduced if there were other heirs with higher priority. With which, some forced heirs can exclude or reduce the right of other forced heirs.

What part of the inheritance corresponds to the legitimate?

The legitime cannot be distributed however the person granting the will wants., but it must be done based on the criteria established by law. One third of the inheritance is divided equally between the forced heirs (strict legitimate), the third of improvement at the discretion of the testator among the forced heirs (legitimate extends) and the remaining third is known as free disposal.

• 1/3 Strict legitimate: It is the untouchable part that corresponds to the forced heirs and which the testator cannot freely dispose of. In the event that there are no descendants but there are ascendants, the legitimate will be half of the inheritance. If there are descendants and spouse, the legitimate decreases to a third. For the spouse, His legitimate is the part that corresponds to him by usufruct.

• 1/3 of improvement: This part can only be distributed among descendants, distributed in the manner in which the testator decides, without necessarily having to be in equal parts.

• 1/3 free disposal: It is the part that the testator can dispose of with total freedom and leave those he considers without having to be ascendants., descendants or any other relative. It can even be assigned entirely to a single person.

In the event that the testator has not established anything in his will about the third of improvement or the third of free disposal, The entire inheritance will be distributed equally among his descendants. And if there weren't any, would pass to forced heirs., that is to say, to parents and spouse.

Can you disinherit?

The law contemplates some cases in which forced heirs can be deprived of their legitimate rights.. However, It's not about disinheriting, but to “jump them”. This means that the inheritance would pass to the descendants.. For example, to the grandchildren. The Civil Code establishes that reasons why it is possible to disinherit someone.

Can you renounce the legitimate?

In those cases of inheritances that contain debts, It is common for heirs to renounce the inheritance if these are superior to the assets. But there may also be other reasons why the heirs want to reject it..

If for any reason, want give up the legitimate, you will have to wait until after the death of the testator. So, you can go to the notary, who will provide you with all the necessary documentation to sign the waiver. Yes indeed, It must be taken into account that this is an irrevocable decision and there is no going back..

Besides, as occurs with the renunciation of inheritances of any type, It must be taken into account that this part will be distributed among the rest of the heirs, who may be the descendants of the person who renounces. If you want to resign for the benefit of another person, it will be necessary to pay the donation tax.

I want a Specialist

Do you consider that your right to legitimate and you want to claim? Are you thinking about making a will and want to be sure that the legal requirements are respected so that no heir can challenge it?? Are you going to inherit and do you think there may be problems with the rest of the heirs??

These types of situations are more common than you imagine., Therefore, it is advisable to have the advice of a expert lawyer in inheritances and successions to protect your interests and so that the entire process is carried out in accordance with the law.

For more questions you can contact an inheritance specialist by clicking on the button.