What is a succession?

This is the procedure carried out to distribute the assets left by a person at death among the persons that the law has established as heirs, heiresses or those whom the person has designated as beneficiaries in his or her will.

Do LGBTIQ+ couples have the right to inheritance?

Yes, like any married couple or UMH, the surviving partner can participate in the succession of his or her spouse, partner or life partner. The quality of heir or heiress will depend on whether or not the deceased made a will and whether or not there are forced heirs (sons, daughters, mothers or fathers). Likewise, the percentage [...].

To whom can I make the succession?

The succession can be done by mutual agreement between all the heirs before a notary or the family court. In the event that an agreement between the heirs is not possible, the only way is through the courts (Family Court). Note: in all cases, whether by mutual agreement or not, it is [...]

Is there a cost for succession?

Yes, but it is not possible to establish or approximate a value in the abstract, as it depends on the valuation of the assets, the type (mutual agreement or not) and the value of the fees agreed with the lawyer.

After my partner's death, how long do I have to file for succession?

There is no time limit established by law for the succession to be carried out. However, it is suggested to carry it out as soon as possible in order to avoid difficulties in relation to the administration of the assets and that one or more of the heirs may appropriate the assets. Note: In the case of couples in marital union [...].

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), [...].