Spanish Notary Warns Childless Couples: Without a Will, In-Laws Could Inherit Your Home

Navigating Inheritance: The Critical Need for Wills Among Childless Couples in Spain Madrid, Spain – A recent public address by a notary, shared widely on social media, has brought to light a crucial aspect of inheritance law in Spain that many childless couples may overlook. The notary, known as "notariabuendia," emphasized the significant implications for couples who own joint property but have not drafted a will. According to the notary, in territories governed by Common Law, if a partner in a childless couple passes away without a will, the deceased's parents become the primary heirs. The surviving spouse, in such a scenario, would only be entitled to the usufruct (the right to use and enjoy the property) of half of the inheritance, rather than full ownership. "Many couples assume that if one partner passes away, the other automatically inherits everything, especially if they have no children and a shared home," stated notariabuendia. "However, this is a common misconception that can lead to unforeseen complications and distress during an already difficult time." The notary strongly advises couples to create a will. "If there is a will, your partner can leave you almost everything in full ownership," she explained. "The parents would only be able to claim a third part as their legitimate share." She further elaborated that a notary can guide couples on how to best protect the surviving spouse, for instance, by legally assigning the shared home to them as part of their inheritance. This advice has resonated with many, prompting discussions online about the fairness and intricacies of current inheritance laws. The notary's message underscores the importance of proactive legal planning to ensure a partner's wishes are honored and their loved ones are protected.

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one month ago

Esto es lo que pasa si tu pareja fallece pero no hay testamento, según una nota…

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