In the absence of a will, who inherits and how much?
Last update: 10/3/2012
Where there is no will, it is the either the Civil Code or the specific laws of the autonomous communities (in the case of Aragon, Balearic Islands, Catalonia, Galicia, Navarre and the Basque Country) which determine the principles applying to the various scenarios described below.
The examples presented correspond to the rules laid down in the Civil Code.
- If the deceased was unmarried and without children, the parents inherit. If there are no parents, the brothers and sisters inherit; failing that, the nephews/nieces; failing that, the cousins, and failing that the State.
- If the deceased was unmarried and leaves children, the inheritance is shared equally between the children.
- If the deceased leaves a spouse, but no children, the surviving spouse becomes the sole heir in the absence of descendants or ascendants of the deceased.
- If the deceased leaves a spouse and children, the latter inherit in equal shares. But, in addition, the surviving spouse receives the usufruct of 1/3 of the estate. Children inherit equal portions of the remainder. The portion of a predeceased child is vested in the said child’s descendants by line (representation).
Do partners of a registered or unregistered partnership inherit?
There are no standard rules in Spain regarding registered partnerships. Each autonomous community has its own regulations, which can vary from simply administrative effects to full legal recognition, resulting in the latter case in the same effects and inheritance rights as for same-sex spouses (Catalonia).
A partner in an unregistered partnership can only become an heir in accordance with testamentary dispositions.
Detailed information
In the absence of a will, either the Civil Code or the specific laws of the autonomous communities (in the case of Aragon, Balearic Islands, Catalonia, Galicia, Navarra and the Basque Country) define the principles that apply to the various cases presented below.
The examples presented correspond to the regulations of the Civil Code.
- If the deceased was unmarried and had no children, the parents inherit. If there are no parents, the siblings; if there are no siblings, the nephews and nieces; if there are no nephews and nieces, the cousins and, if there are no cousins, the State (Art. 913 Civil Code).
- If the deceased was unmarried with children, the children become heirs with equal shares (Art. 930-934 Civil Code).
- If the deceased leaves a spouse but no children, the surviving spouse becomes unique heir if there are no descendants or ascendants of the deceased (Art. 943-945 Civil Code).
- If the deceased leaves a spouse and children, they become heirs with equal shares (Art. 930-934 Civil Code). But, in addition, the surviving spouse receives usufruct of a third of the succession (Art. 834 Civil Code). The children inherit what remains in equal shares. The share of a predeceased child is devolved to his/her descendants per stirpes (representation).
What are the rights in the succession of partners of registered or non-registered partnerships?
The registered partnership is not the subject of unitary legislation in Spain. Each autonomous community has its legislation, which can vary from simple administrative effects to full recognition by the law and result in the same effects and the same succession law as spouses of the same sex (Catalonia).
The partner of an unregistered partnership can only become an heir if a will provides for this.
