Primarily to prevent future problems and, in doing so, avoid risks or situations of concern that we would rather never face.
.png?width=150&height=150&name=Foto%20Maria%20Serra-modified%20(2).png)
Written by Maria Serra
Lawyer and mediator
Why plan your estate with a will?
Making a will is an effective way to prevent future disputes. It allows you to set out exactly what happens to your assets, ensuring they do not end up in the hands of people you would not have chosen.
What happens if you die without a will and you are married or in a relationship with children?
If you have a partner or are married, and for inheritance purposes in Spain, a registered civil partnership is treated in exactly the same way as marriage, and you have children together, then dying without a will means that, under Catalan law, your entire estate passes to your children. Your surviving spouse or partner is not an heir under the law; they are merely entitled to a usufruct (a right to use and benefit from the assets during their lifetime), without inheriting outright. If you want to avoid this outcome, making a will is the right step, it gives you control over how your estate is divided between your partner and your children.
What happens if you die without a will while in a relationship and with no children?
Another noteworthy scenario: if you die without a will, have no children, but do have a partner, and your parents are still alive, your partner will inherit your entire estate, unless your parents make a claim for a share of it. All of this can be avoided by making a will.
What happens if you make a will when you are married and have children?
If you make a will and name your children as heirs without making any provision for your spouse or partner, everything will pass to your children, unless your partner successfully claims one quarter of the estate on the grounds that they need it for their basic maintenance.
What else can we do by way of advance planning?
Another practical step worth taking is to leave a clear list of everything your heirs will need to cancel, credit cards, subscriptions, and so on, along with all the information required to do so.
If you also have minor children, it is important to specify who you would like to care for them and who should be responsible for managing their assets until they reach adulthood, or whatever age you consider appropriate.
How long is a will valid for? Does it expire?
A will has indefinite validity. That said, it is good practice to review and update its provisions at least every five years.
Is there a way to leave money to people other than those named in your will?
Yes, one particularly useful option to be aware of is that savings-linked life insurance policies and pension plans do not form part of the estate for inheritance purposes. They therefore do not need to be mentioned in the will, and can be an effective way of benefiting chosen individuals without the rest of your heirs being aware of it, and without the proceeds being subject to inheritance tax, they are instead taxed under their own specific rules.
