What kind of heir am I to my father's or mother's inheritance in Seville or Andalusia?
We can consider that there are 3 types or classes of heirs:
- The Forced Heirs:
They are the ones who they necessarily have to be
included in my inheritance in Seville or Andalusia, that is to say, to whom the law recognizes the right
to inherit at least one third of the deceased's estate, it being known
this third as the legitimate portion of the inheritance. They are made up of the
children (natural, adopted, marital and extramarital) y
descendants, and failing that, by parents and ascendants , and by the widower or
widow.
the distribution of the inheritance to the forced heirs through the legal minimums
established, These heirs can claim their legitimate share through the
opening of a judicial procedure for this purpose.
inheritance to a portion of his legal heirs, the reasons to
disinheritance are:
–
Failure to fulfill marital and family duties.
–
Those cases in which parental authority remains in
interdict.
–
Authors and accomplices of homicide
intentional or attempted intentional acts committed against the life of the perpetrator, of his
ascendants, descendants, or their spouse.
–
Those convicted of crime
malicious to the detriment of the deceased or the ascendants, descendants or spouse.
–
those who falsely accused the perpetrator of
a crime punishable by imprisonment freedom
–
those who used malice or violence,
to prevent the testator from making a will, to compel him to do so,
to revoke all or part of the will that they have already granted.
–
those who destroy, conceal, falsify or alter
the will of the person
whose succession is in question.
–
to those who, knowing of the falsification of a
will, make use of it.
- The Voluntary Heirs:
They are those designated as such in the will and
different from forced ones. It is the testator's will to do them heirs
volunteers, (brothers, uncles, cousins, nephews…)
The voluntary heirs may acquire the entire inheritance. In the
in the event that voluntary heirs and forced heirs appear together,
The voluntary heirs may acquire all the inheritance that exceeds the
one-third of the legitimate share. In addition to the forced and voluntary heirs, they may
to participate in the inheritance the legatees, who will inherit only objects or property
determined by the inheritance in the will.
-
Universal Heir:
This applies to all the deceased's assets in Seville., and therefore it remains also subject to
all his real debts.
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