Due to the complexity of the process of receiving an inheritance, many Spaniards still have various doubts about who has the right or not to receive the legitimate. One of the most recurring questions in law firms is whether siblings from different marriages They have the same right to receive part of the deceased’s estate. An issue that, if you have a generic will, can cause heated family disputes.
As established article 807 of the Civil Codethe succession order in Spain places the children and descendants as the first forced heirs of the deceased, followed by the parents and ascendants and, in the absence of said two groups, the widower or widower of the testator. In this section, there is no difference that establishes a distinction in distribution between children from different marriages.
How is an inheritance distributed between step-siblings in the event of the death of the parent?
In addition, article 931 establishes that “children and their descendants succeed their parents and other descendants without distinction of sex, age or affiliation“. Therefore, in the event that one of the parents dies, both those who were born from a current marriage and those who are the result of previous relationships will have the same right to receive the legitimate inheritance.
In the event that the father or mother dies without having left a willall children will have the right to receive three-thirds of the inheritance in equal sharesthat is, both the third of the legitimate and the improvement and the free disposal. On the contrary, if there is an official document with the last will of the deceased, each child will receive the strict legitimate inheritance, as well as a third of the improvement of the inheritance if this has been provided.
This will be the distribution of the inheritance in the event that one of the brothers dies
In the event that one of the deceased is a brother or stepbrother, as established in the article 946the brothers and their children will have preference over other collaterals. Although, in this case, consanguinity will be a factor that will determine whether or not part of the inheritance is received. Article 947 establishes that, if there is double bondthat is, sharing father and mother, will inherit equally.
If there are double-bond siblings with what the Civil Code calls “half brothers”that is, they only share one of the parents, “those they will take double portion than these in the inheritance.” While if there are only half-siblings, everyone will receive the same percentage without distinction of goods. A situation quite different from what would arise if you had a will.
When there is a will and there are descendantsascendants or a spouse, siblings or step-siblings They will only be entitled to the third of free disposal provided that the deceased has so stipulated it in his last will. Therefore, the percentage that each of the brothers will receive will depend on the previous distribution that the testator has made in the presence of the lawyer and the notary.