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¿Puedes dejar la herencia directamente a los nietos aunque tengas hijos? Esto e…
Una notaria explica cómo se reparte legalmente una herencia en España
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Spanish Inheritance Law: Can Grandchildren Inherit Directly?
A recent video by notary @notariabuendia sheds light on a common query regarding inheritance in Spain: whether it's possible to leave assets directly to grandchildren while children are still alive. The video clarifies that under Spanish Common Law, individuals indeed have the flexibility to do so, provided certain legal requirements are met.According to the notary, a will is divided into three main parts. The first is the 'strict legitimate portion' (tercio de legítima estricta), which must be equally divided among all children, unless one has been disinherited. The second part, the 'third of improvement' (tercio de mejora), offers more flexibility. This portion can be distributed among children and grandchildren in any desired proportion. For instance, if a person has two children and three grandchildren, they could choose to leave this entire portion to just one grandchild. Finally, the 'third of free disposition' (tercio de libre disposición) allows the testator complete freedom to bequeath this part to anyone, whether family or not, including grandchildren, in any shares desired.The expert emphasizes that understanding these legal divisions allows for conscious and thoughtful estate planning, ensuring one's wishes for their loved ones are fulfilled. The video concludes by highlighting the right to choose a notary who listens and guides through the process.
