The inheritance is the set of assets, rights and obligations that a person can transmit to his heirs or legatees at death.
Therefore, the inheritance is made up of both the patrimony of the person when he/she dies, and the debts that the person has at that moment.
Where is inheritance regulated?
In Spain, inheritance is regulated in the Civil Code. Specifically, in Chapter II (Inheritance) of Title III (Inheritance) of Book Three (Different ways of acquiring property) of this law.
Who can inherit?
According to Article 744 of the Civil Code, persons who are not incapacitated by law may inherit. Article 745 adds that the following are incapable of succeeding: abortive children (those who do not meet the circumstances of Article 30) and associations or corporations not permitted by law.
In addition, the Civil Code establishes a series of causes of disinheritance contemplated between its articles 852 and 855.
How does one inherit in Spain?
Our legal system contemplates two forms of inheritance:
1.- By will, in which case we speak of testate succession. If there are forced heirs, the testator must respect their rights when drafting his will. Otherwise, the will can be contested.
2.- Without a will, in this case it is an intestate succession or intestate succession. When there is no will, the rules of the Civil Code for intestate succession apply (articles 912 to 929).
Is it possible to reject an inheritance?
Yes, it is possible to reject an inheritance. In fact, it is something that happens in many cases in which it is convenient not to accept the inheritance because of the debts that make up the inheritance.
How can an inheritance be accepted?
There are two ways to accept an inheritance:
1.- Pure and simple, which means that the heir must face the debts of the inheritance even with his own patrimony.
2.- With benefit of inventory, so that the heir is liable for the debts of the inheritance only to the extent of the assets of the inheritance.
Can an inheritance be contested?
Yes, the inheritance can be contested. However, it must be taken into account that according to article 997 of the Civil Code, if the inheritance has already been accepted or rejected, it can only be contested in the following cases:
For vices that nullify the consent.
If an unknown will appears.