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Surviving Heirs Legitime Intestacy: Whole Estate Divided Equally

The document outlines inheritance rules under Spanish civil law for various combinations of surviving heirs, including legitimate and illegitimate children, spouses, parents, siblings, nephews/nieces, and other collaterals. It specifies the share of the estate each type of heir would receive in cases of intestacy (no will) and under the legitime system, where heirs are entitled to predetermined minimum shares.

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Lizzie Lecaroz
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0% found this document useful (0 votes)
95 views2 pages

Surviving Heirs Legitime Intestacy: Whole Estate Divided Equally

The document outlines inheritance rules under Spanish civil law for various combinations of surviving heirs, including legitimate and illegitimate children, spouses, parents, siblings, nephews/nieces, and other collaterals. It specifies the share of the estate each type of heir would receive in cases of intestacy (no will) and under the legitime system, where heirs are entitled to predetermined minimum shares.

Uploaded by

Lizzie Lecaroz
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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SURVIVING HEIRS LEGITIME INTESTACY

Legitimate Children,
Whole estate
Legitimated Children, 1/2
Adopted Children
divided equally

Legitimate Children and LC- 1/2 Whole estate


Surviving Spouse SS- share of 1LC divided equally

1 Legitimate Child and 1LC- 1/2 1LC- 1/2


Surviving Spouse SS- 1/4 SS- 1/2

Legitimate Children and LC- 1/2 Whole estate, each IC gets ½


Illegitimate Children IC- 1/2 share of 1LC share of 1LC

Legitimate Children, LC- 1/2


Whole estate, each IC gets ½
Illegitimate Children, and IC- 1/2 share of 1LC
Surviving Spouse SS- share of 1LC
share of 1LC

1 Legitimate Child, 1LC- 1/2


Illegitimate Children, and IC- 1/4
Surviving Spouse SS- 1/4

Whole estate
Legitimate Parents 1/2
divided equally

Legitimate Parents and LP- 1/2 LP- 1/2


Illegitimate Children IC- 1/4 IC- 1/2

Legitimate Parents and LP- 1/2 LP- 1/2


Surviving Spouse SS- 1/4 SS- 1/2

Legitimate Parents, Surviving LP- 1/2 LP- 1/2


Spouse, and IC- 1/4 IC- 1/4
Illegitimate Children SS- 1/8 SS- 1/4

Surviving Spouse 1/2 Whole estate


Surviving Spouse and SS- 1/3 SS- 1/2
Illegitimate Children IC- 1/3 IC- 1/2

Surviving Spouse and SS- 1/4 SS- 1/2


Illegitimate Parents IP- 1/4 IP- 1/2

Whole estate
Illegitimate Children 1/2
divided equally

Whole estate
Illegitimate Parents 1/2
divided equally
Whole estate
Legitimate Siblings divided equally
(if mixed blood -> 2:1 ratio)

Legitimate Siblings and LS- 1/2


Surviving Spouse SS- 1/2

Whole estate
Illegitimate Siblings divided equally
(if mixed blood -> 2:1 ratio)

Illegitimate Siblings and IS- 1/2


Surviving Spouse SS- 1/2

Whole estate
Nephews and Nieces divided equally
(if mixed blood -> 2:1 ratio)

Nephews and Nieces, N/N: WE divided equally


Uncles/Aunts U/A: excluded

Whole estate
Other collaterals
divided equally

** NOTE: RULES ON PREFERENCE, PROXIMITY, AND DIVISION **

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