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FAQs - Inheritances and Legacies

Question: How can I formalize our decision in favor of the Red Cross?
Answer: Every time there is more people that include as a beneficiary humanitarian organizations as the Red Cross when they write their will.

Steps to follow:

  • Step 1:  Go head to the notary chosen to grant your will in front of him/her.
  • Step 2: Depending on your situation, you can have your heritage in different ways:
    • Case 1: You do not have heirs. You have the option of naming the Red Cross as a heir or legatee of your estate.
    • Case 2: If you do have heirs. You have the option of naming the Red Cross as your legatee and leave him, at most, three quarters of your inheritance.
    • Case 3: In any case. You can order a legacy in your heritage (assigning specific goods or also money) in favor of the Red Cross.
    • Case 4: Donation when alive. It is possible to make a living donation, whether of money or specific assets, fulfilling the legal requirements relevant.
  • Step 3: If you finally decide to leave all or part of your goods to the Red Cross, do not forget to mention it in the will with the following text:

In favor of La Creu Roja, CIF Q-2866001-G to finance the activities of the institution.

Question: Who can make a will?
Answer: Anyone over 14 years old can make a will in front of a notary. If you were born in Catalonia or have resided there for more than 10 years, you may do it in accordance with the Catalan law.

Question: Which will is the most convenient?
Answer: Although there are many types of wills, the best option is doing it in front of a professional notary who cans advice you and write the document with the most appropriate legal form to the testator.

Question: Can I disinherit?
Answer: Yes, it’s possible. Disinherit means: deprive the legitimate heirs for legal reasons, for example those related to abuse or absence of family relationships. Although it’s done in the will, if the disinherited claims the legitimate, it will be the heir who must prove, in judicial proceedings, that the cause for which the claimant has been disinherited is true.

Question: And after the will, what should I do?
Answer: Once signed the will, the notary is obliged to transmit a statement to the General Register of Last Wills (the only one on the state). This register includes the date, place and notary in front whom the will have been made. The register do not includes the contents of the will, because this is always secret.
After 15 days of the death of the testator, you can request the literal certificate of the will. Later, you can request the certificate of wills, which consists, as stated, on the date and the notary where the deceased gave testament. People who can prove a legitimate interest may request a copy of the will.

Question: How can you control that the established provisions are carried out?
Answer: When the testament is granted, you can designate an executor, i.e., a person responsible for ensuring compliance with the provisions by the testator. In case the executor has not been appointed or the designated one does not accept it, the responsibility of implementation of the will corresponds to the heirs.

Question: Who can be the beneficiary of an inheritance or legacy?
Answer: In addition to specifying the institution of the heir in the will, there is the possibility to designate the legatees, i.e, people who receive specific assets of the testator. Through a legacy, you can receive all types of goods (property, money, jewelry, payment of a debt or a credit...). It may be the beneficiary of an inheritance the one whom has been designated heir or legatee, whether an individual or legal person (entities, associations ...) such as the Red Cross.

Question: Is there freedom to test?
Answer: There is freedom to test as long as the limits established by law are respected. In the Catalan law, these limitations are related to the concepts of self* and the institution of an heir.**
If the legitimate hasn't been received during the lifetime of the testator, the heir will pay it as he/she decide. Not only can be paid with goods from the inheritance, but also with their own money, although it doesn't come from inheritance. Always, though, there is an obligation to pay it within the time limits established by law. The heir can claim the legitimate within 15 years from the death of the testator.


* The legitimate: the minimum amount of assets of a person who, necessarily, must receive the heirs (usually sons and daughters), either in life or after the testator's death. The legitimate in Catalonia is a fourth part of a person's assets and, if the testator has no children, parents could receive it to equal halves if they are still alive. Other relatives can't be the legitimate (grandparents, great-grandparents, etc.), the spouse, the partner, uncles and nephews.
** The institution of an heir: is the person that will succeed the testator when him/her dies and must be specified in all the testaments. This person will receive the assets of the testator, but will cover the pending debts the testator left after his death.

 

Contact

Adress: c/ Joan d'Àustria 118
08018 Barcelona

Ask for more information at our Legacies contact.

Phone: +34 902 22 22 92

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