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Family Law and Defined Inheritance Rules

i. Family law:

ii. Inheritance rules: These vary between Autonomous regions. Issue, parents and spouse are forced heirs. If there are children they are usually entitled to two thirds between them while the surviving spouse is only entitled to a life interest in one third. This leaves one third which can be feely disposed of.

iii. Intestacy: The rules are set out in Article 912 et seq. of the Civil Code- Subject to the right of any surviving spouse (to a life interest in 1/3rd) the estate passes to

a. children and issue in equal shares per stirpes failing which
b. parent(s) and ascendendents inherit. Otherwise
c. the surviving spouse takes all but if there is no surviving spouse
d. uncles and aunts inherit dividing the inheritance equally between paternal and maternal lines. Subject thereto more distant relatives inherit and if there are none
e. the estate pass to the Spanish State

 

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