By granting a will we are not going to die and yet we are avoiding many problems for our heirs !!

Dying without the will of the deceased being recorded in writing can be a headache for the heirs, especially, your children and the widowed spouse of the deceased person.

The will is the better mechanism to ensure that decisions about the future of a person's assets are carried out when the person dies, regardless of whether the deceased is a spouse with children, a common-law couple, a single parent family or single people.

And if we have not granted a will, Who decides how the inheritance will be distributed?? In Spain, when it has not been expressly established through the will, It will be the Law that establishes the rules. In this case, the legal regime grants a higher level of inheritance rights to the children and grandchildren of the deceased and, failing that, their parents or ascendants leaving the spouse in a less privileged position in the line of heirs, this being another of the fundamental reasons why it is convenient to “make a will”.

The last will of the testator on his assets is recorded in the testament, so it is the interested party who is in charge, normally together with your trusted lawyer, to draft the clauses that best reflect your wishes. Lawyer, Aware of the client's patrimonial situation and his wishes, he will be in charge of informing him of the different legal possibilities that he can use to fulfill those wishes..

It is common practice for spouses to come together to make a will, especially the calls “generic wills” , those known as “My for you, and yours for me", that is to say, those that state that the common assets of a couple pass from one to the other when one of them dies, and their children if they both died, but it must be remembered that even in this case two wills must be made, one for each member of the couple.

What happens when there is no will?? Although less and less, It is not strange to still find ourselves with situations of deceased people who have not granted a will. Then, if there is no will, the legal order of heirs comes into play, so that each set of relatives excludes the next, that is to say, by order would be:

• First of all, the children will receive the inheritance and, only failing, the grandsons.
• If there are no children or grandchildren, the inheritance would fall to the great-grandchildren.
• In the absence of all of the above, the parents of the deceased person will inherit.
• The next to inherit are the grandparents and failing that, the great-grandparents.
• The spouse will inherit if there are no descendants or ascendants and before the collaterals. (and it, as long as there is no judicial or de facto separation)
• In the absence of a spouse, the deceased's brothers will inherit and failing that, The nephews.
• If none of these family members lived, the assets would fall to the rest of the relatives, but only up to the fourth degree of consanguinity.
• The State would be the last to inherit.

an important possibility, that we advise from "Delyser Lawyers", is to make an express distribution of assets in the will itself, so that it is the testator who distributes one or more specific assets to each heir. It is the so-called “partitional will”.

It is obviously the most complete modality and logically the most complex., in which it is essential that your trusted lawyer, knowledgeable of your desires and characteristics of your goods help you design that partition. This modality, supposes that, if the awards respect the legal percentages, the heirs must accept and comply with the will of the testator.

Another important tip is that, to ensure the correct fulfillment of your wishes, the testator designates a "executor" that he take care that he executes his will and even another interesting option is that he names in the will itself a “counter-partitioner”, that is in charge of carrying out all the operations of adjudication of the assets of the inheritance.