Who inherits if someone dies without children in Catalonia?

Question

José Manuel Alburquerque · Accepted Answer

If they did not make a will, the surviving spouse or the partner in a “pareja estable”, a Catalan stable partnership, inherits everything, although the deceased's parents keep their forced share (“legítima”), which is a quarter of the value of the estate. If there was no spouse or partner, the parents inherit or, if they are no longer alive, the grandparents. Next come the siblings and the nephews and nieces and, after them, the other relatives up to first cousins. With a will, the person can leave the estate to whoever they like, but must respect the parents' forced share. The order if there is no will Catalan law calls the family to inherit in this order: The spouse or stable partner, who inherits the whole estate. The deceased's parents can claim their forced share from them. If there is no spouse or partner, the parents in equal shares, or everything to the one who is still alive. If neither is alive, the grandparents and other ancestors. Next, the siblings. If one of them has died, their children take their place. Half-siblings inherit the same as full siblings. Next, the other relatives up to the fourth degree of kinship, such as uncles and aunts or first cousins. The closest relative inherits and, if there are several of the same degree, they inherit in equal shares. If there are none, the Generalitat de Catalunya (the Catalan government). A surviving spouse who was separated, even if only de facto, does not inherit. Nor do they inherit if a claim for separation, divorce or annulment was pending, unless the couple had reconciled. A partner who had separated de facto does not inherit either. This applies if the estate is governed by Catalan law. Under the Spanish Civil Code (“Código Civil”), if there are no children, the parents inherit before the surviving spouse, who only has the usufruct of half the estate. An unmarried partner does not inherit without a will. The stable partner In Catalonia a stable partner has the same inheritance rights as a spouse. To be one, there is no need to marry or to be entered in any register. It is enough for two people to live together as a married couple in any of these cases: If the cohabitation lasts more than two years without interruption. If they have a child in common during the cohabitation. If they formalise the relationship in a deed before a notary. Someone who is still married to another person and is not separated de facto cannot be a stable partner. If the deceased's parents deny that there was a partnership, the survivor has to prove that they lived together. The “Tribunal Constitucional”, Spain's Constitutional Court, is examining whether living together for more than two years, without children in common or a deed, is enough for the partner to inherit without a will. Until it decides, the rule applies. To avoid depending on that decision, you can make a will or formalise the partnership before a notary. The parents' forced share If the deceased had no children, their parents are entitled to a quarter of the value of the estate, after deducting debts, shared equally between the two of them or in full if only one is alive. It does not make them heirs. It entitles them to be paid that value by the heir. If the father or mother dies without having claimed it in court or by a formal demand served through a notary, it is lost. With a will, you can leave the estate to whoever you wish. You only have to respect the parents' forced share. If the spouse or partner does not have sufficient resources to meet their needs, they can claim the shortfall, up to a quarter of the estate. This is the widow's quarter (“cuarta viudal”).