The legal inheritor

If there is no Last Will

If no Last Will has been made, the inheritance will fall to the legal inheritor.

The legal inheritance will be opened if:

  • There is no Last Will.
  • There is a Last Will but an inheritor has not been appointed in it.
  • There is a Last Will but the inheritor:
    • Rejects the succession.
    • Is unable to inherit.
    • Does not exist at the time of the opening of the succession.
    • Does not fulfill the condition demanded by the testator to inherit.

       …… unless there is a substitute named as inheritor or the the right of accretion takes place.

In all these cases, the heir will be the legal inheritor, without prejudicing the succession rights of the surviving spouse, that are always in usufructo

The legal inheritor will be called in the following order:

3.-Widow or Widower
4.-Siblings and children of Siblings
5.- The rest of the collaterals up to the fourth grade and finally the State

This order of categories determines the heir.

For inheritance purposes the concept of grade and line is important.

In Spain there are different regulations regarding successions in Galicia, Basque Country, Navarra, Aragón, Cataluña and Balearic Islands Legislaciones Forales that will be applied to Spaniards with the corresponding “vecindad civil” and also to the inheritance of foreign nationals who did not make a choice of law and whose last habitual residence was in one of these territories.

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