When the end of life arrives, many people consider how to leave their legacy. That legacy materializes in the will, the document that allows deciding who will be transmitted inheritance, whether they are children, family or nearby people. Hence both the will and inheritance acquire an essential importance, not only in the legal level, but also in the family and emotional.
In this sense, Laura Lobos, a specialist lawyer in family inheritances and conflicts, explained in an interview with the YouTube channel “Mortal beings“This issue and clarifies that inheriting does not mean only receiving houses or money.” The debts and tax obligations of the deceased person are also inherited, as the obligation to present the IRPF pending, “he warns.
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The succession can occur with testament or without it, which in the latter case gives rise to the intestate succession. “If there is a will, the person decides who leaves their property. If there is not, it is the law that determines who inherits,” recalls the lawyer. Here the regulation of the Civil Code comes into play (which can be consulted in this Official State Gazette), which establishes three parties in the inheritance in the territory of common law, which are the legitimate strict, improvement and free disposition.
The so -called forced heirs (children, parents in the absence of these and spouse) have the right to receive a minimum portion of the inheritance, which limits the absolute freedom of the testator.
“Making Testament is mandatory if we want to avoid problems”
One of the most frequent mistakes, says Lobo, is not to make a will. “Testament is mandatory if we want to avoid problems. When there is no, it is necessary to initiate a declaration of heirs, a longer and more expensive procedure than a simple testament,” he explains.
The lawyer insists that the testament not only serves to distribute goods, but also to make draft decisions: “You can designate a tutor for your minor children, an administrator for your goods or an albacea that guarantees that your will is fulfilled.”
Although emotionally it can be complicated, Lobo explains that the will “is an act of generosity towards the family, because it avoids discussions and simplifies the succession process.”
“Donations also generate a patrimonial gain that taxes in the donor’s personal income tax”
The interview also addresses one of the great usual doubts that is better to leave an inheritance or make a donation in life. “Inheritance and donation tax are the same tribute, but the rules change according to the Autonomous Community,” says Lobo, something that also coincides with the notary María Cristina Clemente.
Now, he clarifies a less known aspect and that “donations also generate a patrimonial gain that taxes in the donor’s personal income tax. Hacienda understands that there is an increase in value and gravels it as such.” Therefore, the lawyer warns that opting for donation as a formula for dodging taxes can leave more expensive than inheriting by testament.
“Disentered has a strong emotional impact: it is perceived as an expulsion from the family”
Laura Lobo explains that disinheritage is not a free act, but a strictly regulated legal figure, something that coincides with the Lawyer Irene Gramage. “The disinheritance is nothing other than depriving forced heirs, and can only be done for the causes priced in the Civil Code,” he emphasizes.
Among these causes are to have attacks the life of the testator, deny food or have caused serious damage. However, the lawyer warns: “Many people want to disinherit a child because they don’t talk to him, but that is not a sufficient cause in common law.”
In addition, remember that disinheritance is not closed with the will: the affected can challenge it, opening the door to long judicial procedures. “Beyond the economic, disinheritance has a strong emotional impact: it is perceived as an expulsion of the family,” he concludes.
“The testament gives us the freedom to decide and prevents families from breaking”
Lawyer Laura Lobo insists that the best way to protect the family is to anticipate. Remember that from the age of 14 it is already possible to grant will in Spain, although it is advisable to do so when they have children or goods of a certain value. “You have to ask who we want to benefit and what family problems can arise. A well -done will allows you to protect the children, the couple and order the inheritance clearly,” explains the expert.
In his final message, Lobo emphasizes that planning the inheritance should not be understood as a cold procedure, but as an act of generosity and forecast: “The testament gives us the freedom to decide and, at the same time, prevents families from breaking for patrimonial reasons.”