Making a will: what you need to know to avoid problems with the inheritance

BarcelonaMaking a will is a way to make it clear what we want to happen to our assets when we die. It allows you to decide who will inherit money, homes, or other properties, and it can help avoid arguments among family members. In Catalonia, the rules that regulate inheritances are mainly gathered in the fourth book of the Civil Code of Catalonia, approved by Law 10/2008. You do not need to have a high net worth to make a will: the most important thing is to leave decisions well defined.

One of the aspects that should be foreseen is how real estate will be distributed. If several siblings inherit the same apartment, for example, they will have to reach an agreement on whether they want to sell or rent it, or if one of them wants to keep it. To avoid possible conflicts, one can study whether it is better to assign different assets to each heir or to establish financial compensation. The best option depends on each family and the characteristics of the assets.

However, you cannot leave the entire inheritance to whoever you want without taking into account the rights that the law recognizes for certain family members. In Catalonia, children have the right to claim the 'legítima' (forced share), which generally equates to a quarter of the value of the inheritance and is distributed among the legitimate heirs. If there are no descendants, parents may also have the right to it in certain cases. This means that the will allows you to decide how a large part of the assets is distributed, but there are legal limits that must be respected.

Apart from the will, in Catalonia, there are successory pacts, agreements between family members that allow for the advance arrangement of aspects of the inheritance. They can be useful, for example, when one wants to ensure the continuity of a family business or agree on how assets will be transmitted. Unlike a will, these pacts cannot be modified unilaterally in the same way: their modification or revocation depends on the agreed conditions and what the law establishes.

The most common way to make a will is to go to a notary's office, where they can guide you on how to leave your wishes in writing and check that they comply with the regulations. A will can also be written entirely by hand, but it must meet formal requirements to be valid. Before deciding on the distribution, it is recommended to be clear about what assets you have, who may have rights to the inheritance, and what you want to guarantee. The reference regulation is Law 10/2008, of the fourth book of the Civil Code of Catalonia, regarding successions.