Inheritance from Uncles to Nephews with a Will
The inheritance from uncles to nephews with a will is the easiest way to inherit for the descendants of the deceased's siblings. If your uncle has passed away and you wonder if you will receive an inheritance, what rights you have, or the steps you should follow, this article is for you.
Why is a will the best option in inheritances from uncles to nephews?
In inheritances, there are other relatives who have priority over nephews according to the Spanish Civil Code and the Book IV of the Civil Code of Catalonia.
This is the order of succession when there is no will:
| ORDER | Spain (Civil Code) | Catalonia (CCCat) | Impact for nephews |
|---|---|---|---|
| 1st | Children and descendants | Children and descendants | Nephews do not inherit |
| 2nd | Parents and ascendants | Spouse or stable partner | In Catalonia the spouse displaces before |
| 3rd | Widowed spouse | Parents and ascendants | In Spain parents come before the spouse |
| 4th | Siblings | Siblings | Nephews inherit by representation if their parent has died< |
| 5th | Nephews | Nephews | They inherit if there are no living siblings |
| 6th | Relatives up to 4th degree (cousins) | — | In Catalonia the degree is not extended so far |
| Final | State | Generalitat of Catalonia | If there are no relatives |
As can be seen, for a nephew to be decisive in a succession, processing an inheritance from uncles to nephews with a will is the clearest and most direct way to inherit. In the drafting of a will, the testator's wishes prevail over the legal order, unlike what is determined by law in intestate successions (where other relatives have priority). For this reason, making a notarial will guarantees that a nephew receives the hereditary estate desired.
Discover the advantages of drafting this document here:
How does an inheritance from uncles to nephews work in Catalonia?
If your uncle has passed away and you want to know if you can inherit, the first thing to check is whether there is a will. If in its drafting you were named heir or legatee:
- You have the right to inherit according to what has been stipulated
- It is not necessary to go to a notary for declaration of heirs
- The will’s wishes are respected as long as they do not harm the forced heirs
Can an uncle leave his entire inheritance to his nephews?
In inheritance from uncles to nephews with a will, the testator can leave the entire inheritance to a nephew, especially if they have no children or living parents.
If the inheritance is left to the nephew, but the testator has children, the legitimate portion of their legitimate heirs must be respected. This means, in Catalonia, where JLA Notarios operate, that 25% of the inheritance must be allocated to the deceased's children.
Learn more about how this legal figure works:
If I am named heir in the will, what should I do?
If you are an heir, you must process a deed of acceptance of inheritance. At our notary office in Barcelona, we will inform you of everything you need for this.
If you are the sole heir but your uncle had children, you must carry out a deed of payment of legitime, as required by law, to manage what corresponds to your cousins.
We have also mentioned that in an inheritance from uncles to nephews with a will, the testator may have appointed the nephew as a legatee. This means that your uncle has left you one or several specific assets or rights (it could be a vehicle, a jewel, money…). In this case, you succeed by particular title, and they should prepare the deed for you as it is delivered in a notary office for delivery of legacy.
How much is paid for inheritance from uncles to nephews?
The amount to be paid on an inheritance from uncles to nephews with a will is difficult to specify (although with a will it is cheaper than without one). However, it depends on the total value of the inheritance, the region where taxes are paid, or variables that exist in the deed. We recommend that you contact us to provide you with this information on a personalised basis.
What taxes exist on inheritances from uncles to nephews?
In inheritances from uncles to nephews, three taxes are involved: inheritance tax, municipal capital gains tax (if a property is inherited) and income tax (in case of capital gains, for example, from the sale of an inherited property)
There are deductions for the first tax depending on the relationship. We explain it here:
Frequently asked questions about inheritances from uncles to nephews
If you accept the inheritance, you accept the debts it may have (outstanding loans, mortgages, guarantees…). You can accept the inheritance outright or under benefit of inventory.
Indeed, it is possible. You should contact the notary to make a renunciation of inheritance. With it, you will neither receive assets nor assume debts.
No, nephews are not compulsory heirs. A nephew only inherits if named in a will or if the law calls upon them in the absence of relatives with a greater right.
If the will appoints only one of the nephews as heir, only that nephew will inherit. The rest will have no rights, unless there are compulsory heirs who must receive their corresponding share.
In this case, the testator's wishes prevail, so it is not mandatory to distribute equally among all the nephews.
JLA Notaries, specialists in uncle to nephew inheritances in Barcelona
The inheritance from uncles to nephews with a will is the safest, clearest and simplest way to inherit, because it depends directly on the uncle's will and not on the supplementary legal order.
To process the succession, you can choose the notary specialised in successions that you wish, it is not mandatory to go to the place where your uncle made the will. At JLA Notarios, we are located on Avenida Diagonal in Barcelona, near Passeig de Gracia, and we offer you a comprehensive service, where we prepare your deed and assess the tax impact, even processing the inheritance tax if you wish.
Contact us.
