The will is the act by which a person disposes for after his death all or part of his assets.
The importance of the will. This document is the ideal one to ensure that one makes decisions on the future of a person’s assets and rights are fulfilled upon death.
We would also like to emphasize that, although the content of the will is essentially patrimonial, it may contain manifestations of another nature, such as the recondonor of children.
Given the importance of this document from TOSCANOLEX,we want to convey to them the key points to be addressed:
- The main limitation to freedom that exists when it comes to tying is the existence of the legitimate. The legitima, is the portion of property that the testator cannot dispose of because he has reserved the law itself to certain heirs, forced heirs (children and descendants, if he had no children or descendants, his parents or ancestors, his widowed or widowed spouse, in the way the law determines).
- Inheritance is divided into three parts:
Third of legitimate: the testator cannot attribute this part of the inheritance freely, as the law assigns it to certain heirs.
Third of improvement: the testator has some availability on this part when awarding it. It should be divided among children and descendants, but not necessarily equally.
Third of freedisposition: the testator can attribute it to whoever he wants, whether familiar or not, with absolute freedom.
- Making a will is not obligatory. So when a person dies without a will or a null/she will, or when the heir is unable to succeed, what is called intestate succession is opened. That is, it is the law itself that provides for those who will be the successors of the deceased.
- By granting a will, we would avoid intestate succession, and therefore that it is the law itself that determines who the heirs will be. However, the granting of the will does not give the absolute freedom to leave the goods to whoever you want. A part of the inheritance must go to the forced heirs.
From TOSCANOLEX, we want to convey to you the desirability of granting a will, respecting in any case the legitimate ones, in order to ensure that in the future our will will be fulfilled. Do not hesitate to contact us, we will be happy to study your case.
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