Does a Civil Partnership Have the Right to Inheritance?
Inheritance in a civil partnership is a topic that raises doubts among people who have chosen this union for years, as they often do not know how inheritance rights are managed in the event of the death of one of the members. That is why, in this article, we want to explain to you how inheritance works in a civil partnership in Spain.
Does a civil partnership have inheritance rights? Does a de facto union have the same rights as a marriage regarding inheritance? Is it necessary to sign any document to regulate it? If you are in this type of union or are thinking of formalising a civil partnership in Barcelona or elsewhere, it is important to understand how this legal process works and what steps you can take to ensure that your rights and those of your partner are protected. As a Notary office in Barcelona specialising in inheritance management and de facto unions, we answer your questions below.
Inheritance in civil partnerships: Does the civil partner inherit?
First of all, if you wonder whether a civil partnership or a notarial marriage have the same inheritance rights, the answer is no, since, in the case of a civil marriage, there is the right to inherit.
However, in a civil partnership, if one of the members dies, the other will not have inheritance rights. Nevertheless, the civil partner inherits under certain circumstances.
You can learn more about the differences between these unions here:
First we will study the Communities of Common Law and then we will focus on the legal situation of Catalonia.
How does inheritance work for a civil partnership in communities without separate property rights?
In this section, we will focus on those autonomous communities that do not have their own law and are regulated by their autonomous legislation. This is the majority of communities (except Aragón, Balearic Islands, Catalonia, Galicia, Navarra and Basque Country).
In these communities, the Civil Code does not regulate the members of this union as forced heirs, which means that inheritances in de facto couples only exist following the formalisation of a will.
How does inheritance work for a common-law couple without children and without a will?
In cases of common-law couples without a will in these communities, the parents of the deceased member will inherit.
How does inheritance work for a civil partnership with children and without a will?
In cases of common-law couples without a will in these communities, the children of the deceased member will inherit.
What part of the inheritance is received by a civil partnership with a will in common law communities?
If a will has been granted, it will depend on the family circumstances of the case.
- If the deceased had no children, the surviving member would inherit everything if so stipulated in the will.
- In the absence of children, but with surviving parents, half of the inheritance must go to the parents as compulsory heirs.
- If there are descendants, two-thirds must be inherited by the children as compulsory heirs.
Civil Partnership and Inheritance: How does it work in Catalonia?
Inheritances in unmarried couples in Aragón, Balearic Islands, Catalonia, Galicia, Navarra and Basque Country have their own civil legislation. In the case of Catalonia, marriages and unmarried couples are equivalent (except in matters of widowhood), but they are distinguished depending on whether a will has been processed or not.
How does inheritance work for a domestic partnership in Catalonia with a will?
If a will has been processed, it is fully respected always taking into account the proportion of the compulsory portion in inheritances (that is, at least, one quarter of the inheritance to be distributed among compulsory heirs, who are the descendants or the parents).
Learn more about the compulsory portion here:
How does inheritance work for a civil partnership without children and without a will in Catalonia?
If there are no children, it is the member of the civil partnership who receives the inheritance, with the parents of the deceased member having the right to the legitimate portion. Without living ascendants to inherit, the partner would inherit completely.
How does inheritance work for a civil partnership without a will and with children?
In this case, the children inherit. For the surviving member the inheritance does not exist as such, but they will have the right to the usufruct of the inheritance (the right to use the assets, such as the home) and to the widow's quarter, if the conditions are met.
Notary for Inheritance in Civil Partnership in Catalonia
As Notaries for inheritances in Barcelona, we recommend you consult us about your situation and guarantee your inheritance rights if you are in a domestic partnership. It is very important to protect your union by providing resources to your partner in case of death, and it is also essential that by making a will it is clear how to distribute a person's assets after their death.
For this reason, we recommend processing a will in Barcelona and managing the inheritance rights of both by distributing assets according to your wishes. You can do this via our email bcn@jlanotarios.com, the contact form on our website or by clicking the WhatsApp button.
We hope this article about how inheritance works in a domestic partnership has helped you clarify the different scenarios that may arise.
