As distribute the inheritance It generates certain doubts when making the will, especially in the cases of people who do not have children, who have no descendants to leave their heritage. In these cases it is usually usual to ask whether or not to leave brothers and nephews.
The Notary, María Cristina Clemente, clarifies through a video on social networks that if a single, widowed or divorced person dies without children or ascendants, can leave her assets to whom she wishes, either to an NGO, to a couple, to friends or a single nephew in particular.
“A person without children, whose parents and grandparents have already died, are free to leave their assets to those who wish. Only those who are married will be obliged to respect the legitimate of their spouse or if they prefer to name this universal heir, but the brothers and nephews are not heirs,” explains the notary.
“You are not obliged to leave in your will to brothers or nephews,” he emphasizes, referring to the obligation to Forced inheritance It only applies to descendants, ascendants and the spouse.
The confusion arises from the inheritance without a will
It is very common to think that if they are obliged to leave inheritance to these relatives if there are no children, but Clemente explains that this confusion is because people confuse the inheritance with a will with the inheritance without a will.
The only way in which brothers and nephews would be called to inherit is whether the person died without having done a will. In that case, the law establishes a succession order and, having no spouse, children or ascendants, the following would be the following brothers and nephews in the succession line.
Article 807 states that forced heirs are:
1. The children and descendants with respect to their parents and ascendants.
2. In the absence of the previous ones, the parents and ascendants with respect to their children and descendants.
3. The widower or widow in the manner and measure that this code establishes.
In the event that they were not, according to article 913, it would be appropriate to inherit the following relatives in the line of succession that their brothers would be and in the event that they had died, their nephews, but only if there is no will.