Who is involved in an inheritance?

An inheritance is the set of assets, rights and obligations that are transferred to the heirs after the death of a person.

Various people and elements are involved in this transmission to ensure it ends correctly.

Main legal figures in an inheritance

The following people are usually part of the inheritance process.

Testator

This is the person who makes the will and who dies, leaving more or less clear instructions on how their assets should be distributed after their death.

Any person over the age of 14 who has full mental capacity can be a testator and make a will in Spain.

The will must comply with legal formalities, such as being signed before a notary or, in some cases, written in the testator’s own handwriting.

Heirs and Legatees

Both heirs and legatees receive inheritance.

The heir receives assets, rights and debts and the legatee receives specific assets or rights but not debts.

This means that heirs have a right to the inherited assets but must take responsibility for any debts. Legatees, on the other hand, assume no additional responsibilities ; they only assume the assets assigned to them by the testator.

Executor

This person is responsible for fulfilling the testator’s wishes and also managing the distribution of the inheritance.

The executor has the obligation to oversee the distribution of assets, protecting the estate and ensuring that the provisions of the will are respected.

The term of office is usually one year, although the testator may establish another period.

Partition Counter

This figure is responsible for dividing the inheritance among the heirs.

Their task is to divide the assets equitably, ensuring that each heir receives their share as established in the will or by law.

The differences between the partitioner and the executor are that the latter only manages the distribution and the former can divide the assets effectively.

Legitimate Heirs or Forced Heirs

Legitimate heirs are those who are entitled by law to receive a minimum share of the inheritance.

In Spain, forced heirs are children, descendants, parents and spouses, who have the right to a portion of the inheritance, called legitimate.

Inheritance percentages according to the legislation:

Two-thirds of the inheritance must go to the legitimate heirs.
The third of improvement allows one heir to benefit over the others.
The freely available third can be assigned to any person.

Beneficiary of Life Insurance and Pension Plans

The beneficiary of a life insurance policy or pension plan is the person designated to receive the funds upon the death of the policyholder.

Unlike heirs, beneficiaries receive the money directly, without being part of the estate.

To receive the amount due, the beneficiary must submit the necessary documentation, such as a death certificate and insurance policy.

Other elements involved in an inheritance

In addition to everything explained above, the following elements are also part of the inheritance:

Intestate. When there is no will or it has been declared void.
Acceptance of inheritance. Act and confirmation of the will to receive an inheritance.
Executor. A person who is responsible for carrying out a last will and whose appointment and powers are listed in the will.
Benefit of inventory. Acceptance of the inheritance by the heirs without affecting their assets any debts that existed before or during the inheritance. The estate will be liable with its assets, rights, and shares for the payment of these debts.
Collation. Gifts given during life by parents/grandparents to their children or grandchildren that should be taken into account when making an inheritance.
Condominium. When two or more people own the same property, right, or share, whether in equal or unequal shares.
Deprivation or denial of inheritance to a forced or legitimate heir.
Donation. When a person voluntarily gifts another person property, rights, or shares.
Joint property. A set of wages or salaries, rents and income, real estate, and any other type of property and rights that have arisen between the spouses during their marriage.
Hereditary assets. Rights, shares, and property corresponding to each heir once the inheritance has been accepted.
Inheritance. The total amount of property, rights, and actions following a death.
Dormant inheritance. Period of time that occurs between the existence of an inheritance and its acceptance.
Forced heirs. Family members and relatives to whom the law reserves the right to a legitimate inheritance.
Inventory. A list of all assets, shares, and rights, as well as all debts, liens, and costs of the estate.
Legitimate. Part of the inheritance, usually one third, that must be left to certain relatives.
Bare ownership. Right to a property in usufruct held by the heir.
Partition. Distribute the inheritance into the corresponding share for each heir.
Renunciation. When one or more of the heirs declare that they do not wish to acquire the assets and rights of the inheritance.
Pure and simple renunciation. When an heir renounces his inheritance without stating who will receive it, increasing the inheritance to all heirs according to the will.
Renunciation in favor of a party. When an heir renounces, stating in favor of which heir said renunciation applies.
Appraisal. Valuation of the value of the various assets and elements to be inherited.
Will. A written document or act that indicates the assets to be inherited, their distribution, and who inherits.
Usufruct. Enjoyment of the assets of the inheritance with the obligation to preserve them as received, which expires upon the death of the usufructuary.

There are key figures in inheritance, such as heirs, and other elements that are commonly included. It’s important to understand both.

Further information

This article is part of our service Inheritance in Spain. Visit this section where you will find all the useful information on this topic, including a complete guide on Inheritance in Spain with a non-resident, expat or foreigner.

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