The difference between inheritance with a will and without a will

Talking about inheritances always raises doubts, fears and even family conflicts. The death of a loved one is not only an emotional blow., but also involves managing a set of legal procedures that are often complex.. One of the key aspects in this process is knowing whether the deceased person made a will or not., since this will make a big difference in the way the inheritance is distributed.

In this article we explain in a clear and detailed way the main differences between an inheritance with a will and an inheritance without a will, its legal and tax implications, and what steps the heirs should follow in each case.

What does it mean to inherit with a will??

The will is the legal tool that allows a person to decide, in life, How do you want your assets to be distributed after your death?. In Spain, The most common is the will opened before a notary, a quick and economical procedure that grants legal validity to the will of the testator.

When there is a will, the hereditary process is usually simpler. The family can go to the notary to request an authorized copy and, from that document, proceed to the distribution of assets. Evidently, the freedom of the testator is not absolute, since the law establishes the so-called “legitimate”, a mandatory portion of the inheritance destined for certain forced heirs (usually children and descendants, or parents if there are none).

The great advantage of this scenario is clarity. The deceased leaves his wishes in writing and that reduces, to a large extent, the margin of conflict. Besides, allows you to make personalized decisions: leave a specific asset to an heir, appoint legatees or even establish figures such as usufruct to protect the spouse.

What if there is no will? Intestate succession

When a person dies without having made a will, opens what is known as intestate succession. In this case, there is no document that reflects the will of the deceased and, therefore, It is the law that decides who inherits and in what proportion.

The first step is the declaration of intestate heirs, which is processed before a notary if there are descendants, ascendants or spouse, and in court if there are none. From there, the law establishes an order of call: children inherit first, then the parents, then the spouse and, if they do not exist, other more distant relatives. Ultimately, if there are no relatives, the heritage passes to the State.

This procedure is usually longer and more expensive.. The lack of a prior document that clarifies the will of the deceased leaves room for interpretations, and there are many cases in which family disputes arise over the allocation of assets or over the sentimental value of certain objects..

Differences in practice

The difference between an inheritance with a will and one without it is not limited to the purely legal.; It shows in every detail of the process.

with will, the family has a clear document that speeds up the notarial procedures and facilitates the distribution. The deceased was able to decide, within legal limits, how he wanted to organize his assets. This translates into less waiting time, less expenses and less discussions.

Without will, instead, everything is more uncertain. The procedure requires the declaration of heirs, The distribution is made in accordance with a rigid order established by the Civil Code and, the most delicate, the possibility of respecting the personal will of the deceased is lost. All of this usually results in longer procedures., additional costs and, often, family conflicts difficult to resolve.

The importance of planning

The conclusion is clear: granting a will is an act of responsibility and foresight. It is not just a legal procedure, but rather a way to take care of the family and avoid problems in an already painful moment..

The economic cost of making a will at a notary is low—generally between 40 y 60 euros—and the document can be modified as many times as necessary throughout its life. In exchange, peace of mind is obtained and security is offered to heirs.

On the contrary, Not leaving a will means leaving the organization of our assets in the hands of the law., with all the inconveniences that this entails: more procedures, longer, more expenses and a much greater risk of confrontations.

A final piece of advice

In hereditary matters, no two cases are the same.. Each family is different and each situation requires a specific analysis. That's why, beyond understanding the differences between inheriting with or without a will, The most advisable thing is to always have the advice of a professional.

Inheritance lawyers can guide the family every step of the way, resolve legal doubts, mediate conflicts and ensure that the rights of each heir are respected. If you want more information about wills and inheritances, You can consult the official portal of the General Council of Notaries, where you will find useful resources and explanations.

Do you need an inheritance lawyer?

If you are faced with an inheritance, whether with or without a will, you don't have to do it alone. A specialized lawyer can help you make the process faster, less conflictive and much safer.

CALL with us and ensure the peace of mind that you and your family need.

You may also be interested in this article: Why you should consult with an inheritance lawyer in Sabadell, Badalona and Terrassa?