Personal Finance

How an inheritance is divided in Spain

How an inheritance is divided in Spain

When dividing inheritances, each country has its own laws in this field of family law and successions and the truth is that many people are not clear how the legal distribution is done. An example is the fact that the Spanish They can not disinherit their children and that the division of the inheritance be done in accordance with legally established three sections. So you do not stay dudad in we explain how an inheritance is divided into Spain.

In many parts is divided inheritance

Ideally, the distribution of the estate is made respecting the act of will of the deceased, transmitted to their beneficiaries through a will or certificate of wills. Still, in our country, the deceased's assets are to be divided into three parts distinct, as is clear from the provisions of the Civil Code.

Although there are some individuals derived from Foral law applicable in some Spanish territories that historically benefiting from its charter, the truth is that the prevailing legal generality distributes inheritance by thirds:

  • the third of legitimate
  • The third improvement
  • the third unrestricted


Once divided by the late legacies goods, a third part is the third of legitimate or what is the same, what is rightfully rightfully the direct descendants.

By direct descendants is understood, first, children. When establishing how an inheritance is divided in Spain, this is the smallest part to be shared among the children equally. If any of them had died, the third would turn to his direct descendants.

The improvement

The testator has the right to have a third of his legacy to benefit one or some of the direct and legal heirs. For this right to attend any beneficiary must be reflected in the will. Thus, it is necessary to consider what we explain in our article How to tell if someone has left a will.

If there is no certainty the will of the transmitter of this heritage, it is understood that he did not wish to benefit any particular heir, so the improvement is shared equally between them recipients of the legitimate party.

Freely available

When it comes to understanding how an inheritance in Spain is divided, it should be clear that the free provision is the part on which the deceased can act full freedom. Thus, the free provision permits who makes a will, bequeathing one-third of its assets to one or more natural or legal persons without descendants or relatives who are. As is the case with the third improvement, if there is no will, the disposable portion also will become part of legitimate.

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