The process of receiving an inheritance can be complicated when certain issues have not been taken into account at the time of drawing up the will. Beyond the problems that may be caused by not having correctly calculated the value of the assets, many do not know if they can make a will “for each other” if you do not have children.
This type of will establishes an agreement between the spouses where Both benefit mutually in the event that one of them dies.. Thanks to this, the widow or widower receives universal and lifelong usufruct of the inheritance. This means that, although the forced heirs will continue to be the children, The spouse will have the right to enjoy the assets, although not to sell them.
But some don’t know What happens if there are no descendants? and they believe that they cannot make these types of agreements even if they are married. To resolve all doubts, the inheritance lawyer and content creator, David Jimenezexplained what can happen in this case and why this option is still the best for couples, both married and de facto.
If there are no children, the parents will become the forced heirs.
According to the lawyer, this type of will is the most common in Spain, since allows to guarantee the well-being of the couple in the event of death. However, “in the event that you have married, the law already grants you a series of rights for the mere fact of being married,” he says. Therefore, the spouse will always have the right to the inheritance, even when there are no offspring.
However, when making a will for each other, you not only have to think about the lack of children, but also whether the testator’s parents are alive. “Why? Because if you make a will, you can leave a part of your inheritance to your spouse, but Parents also have the right to legitimate“he points out.
This is due to what is established in article 807 of the Spanish Civil Codein which, in the absence of children and descendants, the forced heirs will become “parents and ascendants with respect to their children and descendants“. Thirdly, within this order, there would be the widower or widower, who would also have the right to the legitimate in the case of a will from one to the other.
Especially recommended for de facto couples
For this reason, the lawyer explains that this type of agreement, “as long as it respects the legitimate rights of the parentsperfectly allows leaving ownership of the assets to the spouse.” This makes it an excellent option for married couples, but, above all, for those who are not going to join in marriagebut still want to protect the well-being and comfort of their partner in the event of death.
As David Jiménez well recalled, the law includes the right to inherit part of the assets and assets for people who have joined in marriage, even if there is no prior will. However, this does not occur in the case of couples who live together, but have not formalized their relationship legally. “Even more reason for you to make a will, because if you haven’t done it, your legitimacy is zero“he points out.
Remember that in autonomous communities such as Catalonia, the Balearic Islands, the Basque Country or Galicia, de facto couples do have inheritance rights. However, to avoid any complications, it is always recommended prepare a will that includes how you wish to distribute the inheritance and clauses are added that can avoid future conflicts between the family members who will receive it.