The legitimate share of children was reduced

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There has always been a debate about the legitimate share. In the past, it made sense because life expectancy was much shorter and society had a much more traditional and united family type. Now, there has been a significant change in the family structure and the question of whether it would not be appropriate to grant greater freedom to make a will or reduce the legitimate shares of children is being reconsidered.

In some regional laws, modifications have appeared: in Aragon,to half of the inheritance; in Catalonia, the legitimate share is a quarter of the inheritance and the most striking case is that of the Basque Country, where a child can be disinherited.

Basque civil law
Law 5/2015 of June 25 modified Basque civil law and allows the disinheritance of children but with certain limitations.

Article 48.2 of Law 5/2015 establishes that the deceased is obliged to taiwan phone number example transfer the legitimate inheritance to his legitimate heirs, but may choose one or more among them and exclude the others, expressly or tacitly.


Article 51.1 indicates that the deceased may dispose of the legitimate inheritance in favor of his grandchildren or subsequent descendants, even if the parents or ancestors of those grandchildren are still alive.

In the Basque Country, all children can be disinherited without giving any reason, but a family member must be designated as the heir.

News:
Children can be disinherited
The legitimate share of children is reduced from two thirds to one third
The legitimate rights of the parents are eliminated
The order of intestate succession is modified, placing the spouse before the parents
Inheritance agreements are allowed
The heir's liability for hereditary debts is eliminated
The rights of a common-law partner are equated to those of a spouse in matters of inheritance.