Types of inheritance and their legal implications

When a person dies, their estate, assets, rights and obligations do not disappear, but are passed on to their heirs. This process is called inheritance, and in Catalonia we have our own legislation on this matter.

In this article, we explain the main types of inheritance that apply in Catalonia and what each one entails.

Discover the types of inheritance succession in Catalonia and their legal implications. A clear guide to planning an inheritance without conflict.

1. Testamentary succession

This is the most common form of succession and is based on a valid will, in which the testator expresses how they want their assets to be distributed after their death.

However, this freedom is not absolute: the law protects the so-called compulsory heirs (children, surviving spouse or parents), who are entitled to a minimum share of the inheritance (the legitimate portion). This means that the testator can only freely distribute a specific part of their estate (the freely disposable portion).

Main implications:

• It allows for clear planning of the destination of the assets.
• It ensures that the wishes of the deceased are respected within the legal framework.
• It simplifies the inheritance process if the will is clear and up to date.

2. Intestate succession

This occurs when the deceased person has not made a will. In these cases, the law determines who the heirs are, following an order of family proximity.

The legal order of preference is:

• 1^st  Descendants (children, grandchildren).
• 2^nd  Surviving spouse.
• 3^rd  Ascendants (parents, grandparents).
• 4^th  Collaterals (siblings, nephews, nieces, etc.).
• 5^th  The Generalitat, if there are no relatives with rights.

Main implications:

• The wishes of the deceased are not taken into account.
• It can lead to family conflicts over the distribution of the estate.
• It can sometimes require more complex legal proceedings.

3. Contractual succession

Although not covered by the Spanish Civil Code, contractual succession is recognised in some civil laws, such as those of Catalonia, Galicia and the Basque Country.

This succession is based on succession agreements, i.e. agreements in which a person disposes of their inheritance during their lifetime in favour of others, with immediate or future effects.

Main implications:

• It offers great flexibility in estate and business planning.
• It requires strict compliance with territorial rules and requirements.
• It provides security for the beneficiary.

Conclusion

Understanding the different types of succession is essential for secure and efficient inheritance planning. Choosing the right route allows you to:

• avoid conflicts,
• protect your loved ones,
• and ensure that your estate is distributed according to your wishes or, if there is no will, according to the law.

Contact our team specialising in inheritance law!