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When my husband came home earlier this week and said that we really need to start thinking about writing our will, I was a little surprised. At first, I agreed with him based on the fact that there are certain wishes I would like to have written in case of my early demise. And it's always good to have things settled, right? But after listening to
his reasons for writing the will, I was more than surprised; I was shocked, angry, frustrated and hated Spain a little bit. It turns out he had been researching the laws of inheritance in Spain and brought home some information I did not expect.
If you are married and living in Spain, and if you have significant possessions, go out and write your will!!!
Here are the basics of inheritance, according to
Spanish Law:
Everyone's estate is divided into three parts. First is the "Legitima" which is the part that must go to the party determined by law. For the sake of this post, I'll call it the Legitimate third. I'll talk a little bit later about how the law determines who this third goes to. The second third is the "Mejora", which can be used to improve the inheritance of the inheritors from the Legitimate third. I'll call it the Improving third. The last part is "Libre Disposicion", or the Free Third. This part can be destined to anyone the owner wants.
At this point, notice that the owner of property, whether they have a will or not, has absolutely no control over one third of their property, limited control of one third, and complete control over the last third.
So what does that really mean? And who gets the Legitimate third?
First scenario: One spouse dies, leaving the other spouse and some children.If the couple didn't have a will,
everything is divided equally between the children. Although the spouse is left with no part of the inheritance of his or her spouse, they do have complete use over
one third of the inheritance (but do not own it).
If the couple did have a will, it looks like this: One third of the estate goes by law in equal parts to the children, according to the Legitimate third. The dead person could have chosen to use the Improvement third to either give one child more of the inheritance or divide it equally between the children. And the Free third could be given to the spouse. In any case, the spouse has the use of the Improvement third, but does not own it.
Second scenario: One spouse dies, leaving the other spouse, no children and parents.If the couple didn't have a will,
everything goes to the parents. The spouse has the use of half of the inheritance, but again, does not own it.
If the couple had a will, the Legitimate third
goes to the parents! The other two thirds can be destined to anyone, but if left to parties other than the spouse, the surviving spouse has the use of half of the inheritance.
There are other scenarios with different regulations, but they are a little more what you would expect, so I won't post them. To say the least, I was shocked by what I learned. Call me very American, but this seems to be beyond belief. Imagine, you work all your life to buy a house, save your money, plan for retirement. And suddenly, if one spouse dies, their half no longer belongs to the couple, but the children, or parents, instead. It's actually impossible, and illegal, for a widow to sell a big, old house to move into a smaller place (or take a world cruise, who cares, it's her money!), without the agreement of her children, since they are now part owners of her house.
Incredible.
So, as soon as Jose and I buy a house we're going to the notary and writing out our will, in order to protect ourselves the most we can from our unborn children!