Inheritance Distribution Among Siblings with a Will
Today we want to present the different situations that arise from the distribution of inheritances among siblings with a will, apparently one of the easiest inheritances to process. As specialists in inheritances in Barcelona, we are going to explain case by case the different scenarios that can occur in these inheritances to be divided among siblings.
What inheritance problems exist between siblings?
Inheritances with a will between siblings are determined by the testator's wishes, who, while having to maintain the legitimate portion, distributes their estate according to their will.
The easiest option to receive an inheritance is for the division of the inheritance between siblings with a will to be accepted exactly as it was arranged, thereby distributing the inheritance as stated in the will.
But what problems can arise?
- That the legitimate portion has been infringed, which may lead to the invalidity or correction of what was established by the will
- That the testator made their will under duress: if proven, it will be declared null
- That new circumstances not contemplated in the will arise and it must be adapted, such as the birth of new heirs, an adoption, or the death of heirs
Additionally, the following situations may occur:
What happens in Herencia between siblings with debts?
In the distribution of inheritance among siblings with a will, debts also play an important role. When an inheritance with a will occurs and one of the heirs is in debt, there are different mechanisms to manage the process:
- Pure and simple acceptance of the inheritance: it is accepted with assets and liabilities, so debts must be paid even with the heirs' own assets.
- Acceptance under benefit of inventory: an inventory of assets and debts is made and they will be paid with the estate's assets, so the heirs will never be liable for the debts with their own assets.
- Renunciation of inheritance: the inheritance is renounced to avoid assuming the debts.
How is a renunciation of inheritance made in favour of another sibling?
It is common to find siblings who transfer part of the inheritance. This can be, for example, a property such as a house, especially when the younger sibling still lives in it. For this, a renunciation with transfer or a pure and simple renunciation can be processed, where the renunciation is not made in favour of anyone in particular, so that part would pass to a person designated by the testator, and if there is none, to the other heirs. You can learn more here:
How is an inheritance distribution carried out with a disabled brother?
When an inheritance is divided among siblings with a will but one of them does not have the capacity to accept the inheritance, it must be accepted under benefit of inventory, by a suitable representative and following the procedure established by law.
In the case of the sale of real estate property wholly or partly owned by a person with judicially modified capacity, judicial authorisation will be required.
Inheritance distribution with minors
The distribution of inheritance with a will among minor siblings is determined in a similar way to the distribution of inheritance with a disabled sibling, as the inheritance must also be accepted by a representative and with the benefit of inventory. In the case of the disposal of the inherited real estate, judicial authorisation will be required.
Inheritance distribution among siblings with a house
Finally, we find situations of inheritance distribution among siblings with a will who inherit a house or an apartment. And it will depend on the type of house it is whether it can be resolved one way or another. What options can we find?
- Siblings who become cohabiting co-owners.
- Co-owning siblings who rent jointly.
- Sale and distribution of the money.
- If any of them does not want to sell, a judicial procedure can be carried out to resolve the situation by ordering its sale at a public auction or declaring a regime of use and enjoyment, alternating periods of occupation between the siblings.
- One sibling buying the share of the others.
- In the case of large properties, the horizontal division of the property.
JLA Notaries, Inheritance Notaries in Barcelona
Inheritances with a will are usually processed more quickly and efficiently than inheritances without a will, respecting the provisions made by the testator. Process your inheritance with a will with us to protect your loved ones and minimise bureaucratic procedures.
We hope this article informing you about the distribution of inheritance among siblings with a will has been helpful and has provided you with information about the importance of the will to better safeguard your assets. If you have made a decision, arrange an appointment through the contact form on our website or by sending an email to bcn@jlanotarios.com. As Notaries in Barcelona specialising in inheritances, we will be happy to assist you.
