IN CATALONIA if there is not last will the legal successor will be the descendants as in the State.

The surviving widow or widower, or the surviving unmarried partner (both homosexuals or heterosexuals), has the right of usufructo over the total estate which has not been disposed of by an agreement as to successsion (succesion contract) or instead, at his or her election (to be made within a year) a quarter of the estate plus the usufructo of the house of the habitual residence if it was the property of the deceased.

Both rights continue for life and are not affected even if the surviving widow, widower or unmarried partner starts living with another person.

If there are no descendants, the widow or widower or unmarried partner will be the inheritor.

If there is no widow or widower, nor unmarried partner, the ascendants will inherit in a similar way as under the State Law.

If there are no ascendants the siblings and children of siblings will inherit, with the particularity over State Law that the “estirpe” (children of a previously deceased sibling) will inherit as such if there is only one. If there is more than one previously deceased sibling, their sons and daugthers will share equally the sum of the shares of their previously deceased parents.

Descendants. If there are “bienes troncales” in the historic land of Vizcaya the inheritance on them is in its particular way to “parientes tronqueros”. Descendants as in the State

If there are no descendants, the widow or widower or the surviving partner of a recorded non-married union.

If there are neither descendants, nor a widow or a widower, nor an unmarried surviving partner, the ascendants will inherit. If there is both a father and a mother, they will inherit in equal parts. If there is only one of them, he or she will inherit.

If there is no mother or father but there are other ascendants in both lines, each line will inherit half of the estate.

If there are no descendants, surviving partner or ascendants, the collateral line will inherit, with preference going to the siblings and children of deceased siblings. The siblings inherit by heads. The children of deceased siblings, concurring with their uncles and aunts, by “estirpes” (all the children of an already deceased will inherit by heads the share that their parent would have inherited if he or she were still alive). If there are no more than siblings, they will inherit by heads.

Half siblings ( Vínculo sencillo) will inherit only half the portion that a full sibling will inherit (siblings from the same father and mother).

If siblings coexist with sons or daughters of siblings previously deceased, the siblings inherit by heads, and the sons or daughters of previously deceased siblings, by “estirpes”, so they inherit jointly the same portion that their father or mother would have inherited if they were still alive.

If there are no siblings but there are sons or daughters of siblings, they all inherit in equal portions, regardless of however many of them there are in each “estirpe”.

If there are no siblings or sons or daughters of siblings, the rest of the collaterals inherit according to the closeness of the grade.
The closest grade excludes the others, and within that grade, there is no distinction of lines so the succession is always in equal portions if there is more than one in the grade (uncles, aunts, nephews and nieces are third grade, cousins are fourth grade).

There is no inheritance for relatives further removed than fourth grade.

Beyond that, the Comunidad Autónoma inherits, with one third going to the council of the last residence, another third to the Diputación Foral and the final third retained for the Comunidad Autónoma.

PRETERICION BASQUE COUNTRY:

IN THE BASQUE COUNTRY if a forced heir is not named by the testator it is presumed that they will be excluded from the reserved share.

The legal succesor will be the descendants.

In the category of descendants, the first grade descendants (sons and daughters of the deceased) inherit by heads (as many inheritors as there are persons) or by “estirpes” (sons or daughters of a previously deceased son or daughter). In the latter case, the children of that previously deceased person jointly inherit their parent’s share of the deceased’s inheritance.

The Succession rights of the surviving partner must also be taken into account.

If there are no relatives within the fourth grade, The Comunidad Autónoma de Aragón will inherit, with the assets going to social care establishments. The Hospital Nuestra Señora de Gracia will have preference over the assets of patients who died without any other successor.

If there are no surviving relatives of the deceased, The Comunidad Autónoma of Galicia will inherit with the assets going to social care establishments.

A widow or widower, who was legally separated or if either one of the partners had started a proceeding of separation or divorce before the time of death would not have this right.

IN BALEARIC ISLAND THE the legal succession will be opened in the same cases as in the State. The legal successors will be called in the same order as in the State, but if there are no relatives the Comunidad Autónoma will inherit and must give half of the estate to the council where the deceased lived and the other half to the “Consejo Insular” of the respective island.

In Navarra, the Legal succession regime treats the legal succession differently depending on whether the assets are “Troncales” or “No Troncales”.

The assets are troncales if they were received by the deceased as a gift or by inheritance from any of their relatives up to the fourth grade.

The succession on such assets if there are no descendants is for the relatives of the family from where the assets came and is in this order:

1º.-Siblings

2º.-Ascendants :

3º.-Other colaterals up to the fourth grade, but if they concur with ascendants “no troncales” (those who are not of the family from where the assets came) these ascendants will have the usufructo of those assets for their life time.

Over the rest of the assests of the deceased, the succession is as follows:

1º.-Children, and children of a previously deceased son or daughter.

2º.-Siblings, and children of a previously deceased sibling.

3º.-Half Brother and half sister, and children of a previously deceased half brother or half sister.

4º.-Ascendants nearest in grade. If there are ascendants of equal grade in the two lines, the inheritance will be distributed, half in each line, and within each line, in equal parts.

5º.- The widow or widower.

6º.-The closest grade collaterals until the sixth grade, and amongst those in the same grade, in equal parts.

7º.-The “Comunidad Foral de Navarra” who after the liquidation of the estate will employ it in social projects.