As lawyers, when advising on making a will to plan inheritance and all succession, we usually warn of the following:
- If nothing is said, all named heirs will inherit in equal parts. That is, if the will states: “I name my heirs…” all children will inherit the share that corresponds to them, and that is one of the worst things that can happen when inheriting. Many times it is convenient to make lots and distribute things. The problem often arises with undivided shares, which are those parts of a whole inherited among several people. In the best case scenario, and if there are enough assets to make equitable lots, the heirs can distribute the inheritance by making lots and assigning each specific assets. But often that is not the case, not only because of the lack of assets to make those lots but also because of the lack of agreement among all heirs at the time of distribution. And in the worst case, the situation ends in an endless possession of a portion of property that is probably worthless and can never be sold without the consent of all. In fact, the heir can sell their undivided share, but probably no one would want to buy it. It is a problematic situation; for example, if only one of the co-owners does not want to remain in this co-ownership situation, they can ask the judge to sell even at public auction. We advise that when making the will, the heir should be given everything distributed and assigned so that there is no possibility of fights during the partitions.
- The entire inheritance can be left to one or several people, or specific assets can also be left as bequests to specific individuals. If you want to favor any heir, you can give them a specific asset and then distribute the rest of the inheritance among the other heirs.
- The identity of the people to whom something is to be left in the inheritance should be clearly stated; ideally, their name and surname and their ID number should be included for total security.
- Possession or availability of things can be limited through a will, such as prohibiting a certain heir from disposing of assets until reaching a certain age. This is very useful when the heirs are minors. We advise our clients that the ideal age for the minor to assume ownership and begin to dispose is usually between 25 and 30 years old.
- Guardians can be established for minors.
- The will can also be prepared if there is fear that the estate might go to unwanted people in the future (usually in-laws, daughters-in-law, etc.), or if you do not want to leave the inheritance to a child because there is a fear that the spouse will take everything one day in a separation process, for example. It is advisable for a lawyer to help draft the will, especially with these clauses in these cases.
- It is also possible to arrange for the inheritance assets, or a specific asset, to pass to the grandchildren, but while the child is alive, they will be able to enjoy it.
In summary, through the will, a person orders their succession by instituting one or more heirs—those who will inherit the entire estate. Part of the inheritance can also be distributed by giving specific things to determined people (bequests). In Catalonia, it is obligatory to have an heir, unless an executor has been appointed.
It should be noted that if there are doubts about the will’s interpretation or if the distribution is not to the heirs’ liking, they will attempt to contest the will judicially, and it must be said that all wills can be contested, even if the testator establishes a common clause prohibiting it. Many wills establish the prohibition of litigating or contesting the inheritance, that is, prohibiting the inheritance from going to the courts. Still, this clause is illegal, as much as the testator forbids it; it can never prevent the heirs from wanting to go to the courts to defend their interests. The opposite would be against the Constitution.
As lawyers, we help you make the will, plan the entire inheritance, safeguarding your interests to avoid unnecessary costs and avoid high taxes by fiscally planning the succession. We advise on the inheritance from start to finish, accompanying the heirs. Inheritance lawyers, succession law in Altafulla, Tarragona, and Barcelona.
