There is nary ineligible responsibility to see nan erstwhile spouse successful nan will. Credit: Shutterstock / PeopleImages.com - Yuri A
We cannot emphasise the value of making a will enough. We person pointed it retired in galore articles. It is simply a very elemental process. It will thief you to legally put really you want to dispose of your assets erstwhile you are nary longer around. And especially, it makes things easier for nan grieving heirs astatine a analyzable time.
A matter often overlooked, but that tin person very important consequences, is nan will of divided aliases separated people. Let’s reside 2 different issues. On nan 1 hand, is nan erstwhile partner still entitled to nan inheritance if he/she was initially included successful nan will? On nan different hand, is location a measurement to forestall nan assets destined to nan children from being administered by nan ex-spouse until nan scope they travel of age?
In narration to nan first mobility – erstwhile nan divorce, separation aliases annulment has taken place, location is nary ineligible precept that forces either of nan spouses to return nan different into information erstwhile preparing a will. Furthermore, if a spouse makes a will earlier nan separation, and past passes distant without changing it… according to nan Spanish Supreme Court he/she would not beryllium entitled to make immoderate claim. Despite nan above, aft specified a awesome alteration successful a person’s life arsenic a divorce, it is advisable to make caller will. It will debar headaches, uncomfortable situations astatine nan notary’s agency for nan heirs, aliases moreover ineligible claims.
With regards to nan 2nd mobility – 1 of nan top fears of divided persons, depending connected nan lawsuit (and whether it has been amicable aliases not) is to cognize whether nan assets intended for their insignificant children will yet scope them aliases not. It should beryllium noted that, if nan children are minors, by default, nan different genitor will beryllium responsible for nan management of nan authorities to beryllium inherited. They will beryllium capable to dispose of nan money successful nan slope accounts, and determine what to do pinch nan existent property (rent it, waste it, etc.). Cases of inheritances misspent by nan administering genitor are overmuch much communal than group think. A elemental measurement to debar this tin beryllium recovered successful art. 205 of nan Civil Code (in conjunction to art. 164), which allows this powerfulness to beryllium “removed” from nan surviving parent. How? By designating a personification of his aliases her highest spot (parent, sibling, friend aliases different relative) that, according to your instructions, will beryllium successful complaint of administering these assets, preventing them from being mis-sold, etc.
If you person not granted a will since your divorcement aliases separation took place, please do not hesitate to interaction us. We will study your lawsuit and connection you master proposal connected nan champion measurement to make a will that ensures that your assets are passed connected to your children according to your wishes.
You whitethorn beryllium willing successful nan pursuing services and articles:
Living will and beforehand directives successful Spain. Decisions connected aesculapian actions, organ donation, vegetative state. Legal advice.
Challenge and title Wills and acceptance and adjudication of inheritance Deeds successful Spain. Forced heirs. Inheritances of foreigners successful Spain.
Divorce betwixt foreigners successful Spain. Applicable rule to nan divorce. Comments to nan European Regulation. Legal advice
The accusation provided successful this article is not intended arsenic ineligible advice, but simply conveys accusation related to ineligible issues.
Carlos Baos (Lawyer)
White & Baos.
Tel: +34 966 426 185
E-mail: info@white-baos.com
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