Topic 9 - Succession Law

Question 1

What does the succession law determine?

Answer 1

The succession law determines the destiny of all properties and debts of a deceased person (active and passive).

Question 2

What does Testamentary or voluntary succession mean?

Answer 2

When someone voluntarily decides his or her own succession. This has to be done in a testament authorised by Law. The Law states some limitations as to who can be appointed heir by testament.

Question 3

What are the Kinds of testaments? (2)

Answer 3

1. ..Common testaments: granted in normal circumstances
   
   • Holographic testament: entirely written, dated and signed in the handwriting of the testator.
   • Open testament: authorised before a Notary Public. (14 YEAR OLDS CAN DO THIS ONE)
   • Closed testament: written by the testator, closed by him/her and then given to a Notary Public.
2. ..Special testaments: granted in special circumstances
   
   • Military testament by soldiers in time of war.
   • Maritime testament made during a sea voyage.
   • Testaments made in a foreign country.

Question 4

What is a Legitime and legitimate heir and who are they?

these are the rules you have to follow when you make your will

Answer 4

The Law establishes who should receive part of the inheritance this is called the legitime.
The testator cannot deprive the heirs from the legitime except in the cases provided by Law: disinheritance.

Legitimate heirs: PIRAMIDE

1. ..Children and their descendants .
2. ..In their absence, parents and ascendants with respect to their children and descendants.
3. ..The widow who has the right to usufruct.

Question 5

What happens if ther isn´t a will . Legal succession, intestacy or ab intestato?

Answer 5

1. • Descendants: first the children who will divide the inheritance into equal shares; if any of them is already dead his/her portion will be divided among his/her descendants in equal shares.
2. • Ascendants: first the father and the mother; if they are not alive, then the nearest ascendants in degree.
3. • Spouse, right to usufruct.
4. Collaterals: first the siblings, after nephews and nieces, and after the rest of collaterals until the fourth degree.
5. The State

Question 6

At what age are you allowed to make a will?

Answer 6

At 18 years of age you can make any type of will.

At 14 ¨¨ ONLY open testament

Question 7

how is the patrimony divided? if there are children

Answer 7

1. Legitime - divided by the chindren
2. betterment - puede ir a quien quiera de los hijos o entre los hijos
3. free disposal

Question 8

how is the patrimony divided? if there aren´t descendnts

Answer 8

Lacking children or descendants, the parents and ascendants have right to the legitime. The legitime will be 1/2 of the assets unless there is a widow, in which case the legitime will only be 1/3 of the assets.

Question 9

how is the patrimony divided? if there aren´t ascendents

Answer 9

The legitime of the widow is always an usufruct. If the widow concurs with children or descendants, the usufruct amounts to 1/3. If the widow concurs with ascendants, the usufruct amounts to 1/2. If the widow is the only one with a right of legitime (not descendants nor ascendants), the usufruct will amount to 2/3 of the inheritance.