New law gives more force to the will in the sharing of inheritances: as long as it is guaranteed that everyone receives the share to which they are entitled and that there is no renunciation of the inheritance, the will expressed in the will will prevail. But there is more news.
The Government wants to reinforce the decision-making power of those who make a will in the way their assets will be distributed among their heirs, through a proposed law that also aims to combat the problem of undivided inheritances.
The diploma, approved by the Council of Ministers last Thursday, introduces changes to the succession regime with the aim of avoid prolonged blockages in asset sharing, especially real estate that end up being out of the market for years or even decades.
One of the most important changes involves the possibility of the author of the succession define in a more binding way the assets that make up the legitimatethat is, the part of the inheritance reserved by law for legitimate heirs, such as spouse and children.
Currently, recalls , it is now possible to indicate, for example, that a certain property should go to a child, but this wish cannot be imposed if the heirs do not agree. With the new proposal, this situation should change: As long as it is guaranteed that everyone receives the share to which they are entitled and that the inheritance is not renounced, the will expressed in the will will prevail. In practice, this means that the owner will have greater scope to organize the distribution of assets in advance.
The proposal also includes mechanisms designed to resolve impasses in undivided inheritances. If, after two years, there is no agreement between the heirs, anyone can initiate a simplified process to sell the assets, even without everyone’s consensus.. The value will be determined by experts and the sale will normally take place via electronic auction.
Among other measures envisaged are the attribution of the right of redemption to the heirs, the requirement for an express agreement to maintain the undivision of the inheritance, the strengthening of the powers of the head of the couple, the creation of the figure of the executor with sharing powers and the introduction of succession arbitration as the fastest way to resolve disputes, with the possibility of appeal to the Court of Appeal.
