If my partner died and had children before our union, how is the succession handled?
When there are children, sons or daughters and the person who died did not make a will, his or her descendants are the only persons who can inherit the deceased's property. Note that sons and daughters do not affect the right of the spouse, partner or life partner to inherit the 50% of the marital partnership (marriage) [...].
What can I do if my partner's ex-partner wants access to the succession?
Ex-partners are not entitled to participate in the succession of a deceased person, unless some kind of relationship has persisted. For example, a marriage is in force, the marital partnership has not been dissolved or liquidated, or there are children in common and the person intends to participate in their representation. In [...]
How do I prove that I am a spouse, partner or surviving partner?
In order to prove the status of spouse of the deceased, the civil marriage register must be presented. On the other hand, to prove the status of permanent partner, the existence of the common-law marriage must have been declared, and if it was not declared during the lifetime of both, you must go through a lawyer [...].
What is a will?
A will is a document elevated to a public deed by means of which a person, during his or her lifetime, determines the way in which he or she wishes his or her assets to be distributed at the time of his or her death. The will must comply with certain formalities and in the event of the existence of forced heirs (sons, daughters, fathers or mothers), [...].
When can I make a will?
You must be of legal age (over 18 years old) to be able to make a will.
What are the requirements of a will?
"To be of legal age " To be of sound mind. A testament cannot be made by an impuberal, by a person under interdiction, by a person who is not of sound mind and by a person who is unable to express his will by word or in writing. The testament cannot provide for the maintenance that [...]".
How long does the succession process take?
When the succession is carried out by a notary, the succession process can last 2 months, when it is carried out by a court, it can take an average of 6 months if it is by mutual agreement. In the litigious processes it is very difficult to establish the duration time as each process has different rhythms depending on its complexity. Note: The times that [...]
If we have an adopted child, how does he or she benefit from succession?
Adopted sons and daughters are entitled to inherit from their adoptive parents under the same conditions as a biological child. In other words, your adopted child will participate in the succession as a forced heir of your deceased partner.
What can I do if, during the succession process, I am discriminated against because of my sexual orientation or gender identity?
In the event that a notary's office is not recognising your rights as a surviving spouse or permanent partner, you can request in writing the reasons given by the notary's office for not recognising your rights, as well as file a complaint with the Superintendence of Notaries and Registry[5]. If this is in a succession that is being processed [...].
What is the conjugal partnership?
Marital partnership is the term by which the law refers to the property and debts that a couple has acquired or brought into the marriage and which, in the event of separation, would be divided between the spouses.












