When carrying out the distribution of an inheritance, it is important to follow the provisions of a will that the deceased has left while alive, in case it exists. In the event that no will has been carried out, the distribution of the inheritance will follow a legislation that establishes who the heirs are and in which part they should receive the money from the inheritance, the properties or all the assets that the deceased had.
This is a procedure that must be carried out by authorized personnel, as is the case with Gil Lozano Lawyers, a firm that has extensive experience and experience in various aspects of law and law, including inheritance.
Let's see what are the main differences between inheritances, with and without a will.
Inheritances with will
It must be taken into account that, when issuing a will, The testator may not distribute his assets at will, but must follow a series of guidelines called legitimate hereditary. This norm establishes that an inheritance is divided into three parts: a third of free disposition, a third of improvement and a third of legitimate.
The third of free disposal is a third of the total of your assets that you can leave as an inheritance without subjective limitation, that is to say, that you can leave it established as an inheritance for a relative, or any other person or cause.
The improvement third is a third part that the testator may make available to one or more of his children or descendants, never to third parties..
The legitimate third is the remaining third and is reserved by law to the forced heirs of the testator. So that they do not receive any part of the inheritance, the testator must have disinherited them prior to his death, it can only be disinherited for the causes established by law.
Inheritances without a will
In the case of inheritances without a will, the legitimate heirs must carry out the distribution of an inheritance respecting the equality between the various heirs. Although it is a procedure that seems simpler, it is still necessary to resort to a service of inheritance lawyer in Madrid.
Other aspects of inheritance: usufruct
On the other hand, there are different types of usufruct, although the most common is from which the testator's partner benefits. This aspect of inheritance is legislated in article 467 of the Civil Code, where it is dictated that When a person has the usufruct of a property, he has the right to use it, but not to own it, and therefore, he cannot sell it without the approval of the owners.. It is the most common in the case of a marriage with children, in which one of the contracting parties has some property only in her name. His children would inherit said property, but the testator's widow or widower has the right to enjoy it, without being able to make a decision about the children as owners.
The duration of the usufruct is for life, that is to say, that the beneficiary will be able to enjoy said property until his death, and then, it will become the full property and use of the legitimate heirs. However, in the will it may have been indicated that the duration of the usufruct is temporary, and then, it can be extended for a maximum period of 25 years.. If the person who enjoys a temporary usufruct dies before 25 years have passed, the remaining time remains.
All these legal operations have the difficulty of changes in the legislation, and that legal steps and guidelines must be followed, so they cannot be carried out without the intervention of a lawyer. In addition, the services of a lawyer will clarify all possible doubts in this regard, and thus, it will be possible to ensure that everything will be carried out correctly and without any future problem.
