Inheritance in the absence of a will in Spain

David Lorenzo
July 30, 2013

INHERITANCE IN THE ABSENCE OF A WILL IN SPAIN

In Spain, when there is no will, the Civil Code determines the principles to respond the question, who inherits? Applying to the various possible situations:

If the deceased was unmarried and had no children, the parents inherit. If there are no parents, the siblings; if there are no siblings, the nephews and nieces; if there are no nephews and nieces, the cousins and, if there are no cousins, the State (Art. 913 Civil Code).
If the deceased was unmarried with children, the children become heirs with equal shares (Art. 930-934 Civil Code).
If the deceased leaves a spouse but no children, the surviving spouse becomes unique heir if there are no descendants or ascendants of the deceased (Art. 943-945 Civil Code).
If the deceased leaves a spouse and children, they become heirs with equal shares (Art. 930-934 Civil Code). But, in addition, the surviving spouse receives usufruct of a third of the succession (Art. 834 Civil Code). The children inherit what remains in equal shares. The share of a predeceased child is devolved to his/her descendants per “stirpes” (representation).

If you have any doubt, please do not hesitate to contact us

David Lorenzo |
Foreign Law | Birchall Blackburn
dxlorenzo@birchallblackburn.co.uk
www.birchallblackburn.co.uk www.spanishpropertiesintheuk.co.uk