Spanish Probate Law
Probate law, affecting inheritance of property, is based on the Napoleonic Code in Spain. Unlike American probate law, which is based on English common law, there is no recognition of common property under Spanish law.
Other People Are Reading
-
Country of Origin
-
Spanish probate law states that the Spanish estate of the deceased will be shared by his or her heirs, in accordance with the inheritance laws of the deceased's country of origin.
Rights of Surviving Children
-
Under Spanish Probate law, a person is allowed to make a will that leaves nothing to that person's children, but under Spanish law, based on the Napoleonic Code, the children will be able to challenge the will.
-
Rights of Surviving Spouse
-
A surviving spouse has certain rights over a portion of the deceased spouse's estate. For example, if a man dies, his wife can claim a life-long interest in a one third share of his estate.
Joint Wills
-
A joint will is not recognized under Spanish law. Even where a husband and wife are joint owners of property, they must each make an individual will, stating their wishes with regard to their individual share of the property.
Renunciation of Rights
-
If the children of the deceased do not want to exercise their rights to their parent's share of property jointly owned by both parents, the children may renounce their rights to the share of the property, before a Spanish Notary Public.
-
References
Resources
- Photo Credit Spanish Flag blowing in the wind. image by Aleksey Bakaleev from Fotolia.com
