Successions: Wills, Heritages and Legacies

Inheritance law is the branch of the legal system that regulates, within private law, succession mortis causa. At the same time, it determines what will happen to the property after the death of the deceased. In other words, who is going to succeed us in all the titles, rights, legal expectations and in all the legal relations of a person, both active and passive, after the moment of death. In this post we give you more details and we explain you the importance of making a will

Within this branch of the order we find different figures, which are the services we can offer within IURIUM CONSULTA, such as a law firm specializing in Inheritance Law :

Probate ab intestato (without a will) and declaration of heirs

A will is the act by which a person disposes of all his or her property, rights and expectations of rights, and which is valid from the time of death.

We will also have to use the legal route if a will is declared null and void by the courts, in the case of a premortgage of an heir if there is no substitution foreseen, or in the case of a valid will with legacies without an heir.

In this post we give you more details and we explain you what happens when we don't make a will .

Wills: open will, closed will, holographic will, living will …

There are basically two types of wills:

A. Common:

• Open will: granted before a notary. It is the most typical will.
• Closed will: also granted before a Notary, but delivered in a written and signed handwritten or typed sheet or written by a third party, but also signed.
• Holographic will: not granted before a Notary.

B. Specials:

• Maritime will, military will and will made abroad.

In addition, there are two special sub-modalities: those granted in danger of death and those granted in the event of an epidemic. We give you more details in this post about holographic will

We can also issue a living will, which is a statement regarding instructions for medical treatment and the fate of your body and organs, should you be unable to express your will for health reasons.

The legitimate

It is that portion of the inheritance which the law has reserved for certain persons, and which at the time of testing or of opening a succession ab intestato, cannot be freely disposed.

Legacies

It is that part of the estate that the testator assigns to a person, who is neither freely designated nor forced by law, guaranteeing that he will in any case receive that part.

Donationss

The act of donating involves giving a material good without obtaining any consideration, changing its legal ownership in favour of the recipient, i.e. the person who receives and accepts the donation.

Donations can be inter vivos and mortis causa. In addition, they can be modal or onerous, remunerative, indirect, with the reserve of the faculty to dispose by the donor, with a reversion clause, of owned property and usufruct.

Usufruct

It is a legal figure that allows a person to use the good and receive its fruits (income, benefits...), not having the real ownership of the good. …).

The usufruct can be temporary / lifetime.

Inheritance tax

It is a progressive tax, therefore there is no fixed percentage, but the higher the amount of the inheritance value the more it would be paid. This fact is different in different territories. It is important to know how much has to be paid, who pays, when it prescribes etc …

At IURIUM CONSULTA we are expert lawyers in Inheritance Law. We can advise you on any doubts you may have regarding inheritance, wills, legacies, taxes. Get in touch with us for proper advice on inheritance.