What are the types of wills?
In Spain, it is necessary to take into account the validity of wills granted according to the legislation of some Autonomous Communities such as Catalonia, the Basque Country or Navarre. But limiting ourselves to the Civil Code there are two fundamental types of wills and in both you can include as heir the NGO or NGOs of your choice.
1. Common wills
The
will open is carried out before a notary who advises on the process, knows the content, normally drafts it and is responsible for its legality.
You can choose the cause you want to collaborate with in your will and the Notary can help you to include it as an heir in your will or designate the solidarity bequest you want to allocate.In addition, the Notary or whoever succeeds him/her in the notary's office, is obliged to always keep the original, issuing as many copies as necessary. Despite being called "open" it is totally secret, and the Notary will not be able to communicate its content to anyone, except to you as testator, until death. The Notary informs the Ministry of Justice (Registro General de Actos de Ćltima Voluntad) only of the existence of a will granted on the date and by the person who made it, but without indicating further details.
The open will is the most advisable, safest, most comfortable and most used modality. Its cost is around 40ā¬, being the Notary fees a matter regulated by the Government at a national level.
To find the notary closest to you, simply search on
this site.
Another common modality is the
closed willThe notary public authorizes the act and keeps the closed and sealed document in the notary's office. The notary authorizes the act and keeps the sheet closed and sealed. The lack of advice from a legal expert makes this a dangerous will and, in addition, with more costs than the previous one.
It has little practical utility but also by this method you can include a non-profit entity in your will or leave a solidarity bequest in its name..
The third modality in this category is the
holographic will which would be drawn up in your own handwriting. It is subject to some minimal but indispensable formalities (date, unequivocal will, signature at the end...) and,
in the case of choosing to collaborate with one or more non-profit organizations, they must be included as heirs or specify in writing the solidarity legacy you wish to donate.. It needs, for its effectiveness, of some special procedures with judicial intervention, at the death of the testator. It is sometimes a dangerous document because it lacks advice and is more costly than another, due to the subsequent judicial procedure.
2. Special wills
Military will: intended for army employees in wartime.
Maritime will: carried out by crew members or passengers on board a vessel.
Will made in a foreign country: the one made by a Spanish citizen outside the national territory, and in accordance with the laws of the country in which he/she is, or before a Spanish diplomatic or consular official, in accordance with Spanish Law.
Requirements for making a will
Contrary to popular belief, making a will is a relatively easy and profoundly important gesture. Not only does it allow you to protect your loved ones, but it offers the opportunity to include one or more NGOs to continue building a better world in the future.
There are two basic requirements to be able to do so:
- Be older than 14 years old.
- To be in full possession of one's faculties at the time of the making of the will. It will be valid if it is made by a person who was capable on the date of its execution, even if he/she later loses his/her mental faculties.
In the case of special wills, given their exceptional nature, the possibilities of making them are very circumstantial and limited. For the rest, there are certain formal requirements that accompany each of the different modalities.
Open will:
If it is done before a notary, as testator you have to go to the notary's office with your national identity card, which is necessary to identify yourself. After this requirement, you have to express your last will, that is, explain to the notary how you wish to distribute your assets. If you have thought that you would like to collaborate with the cause that has moved you during your life, you can choose one or more non-profit entities as heirs.You can also donate part of your assets to the organization of your choice.
We may do so in the manner that best suits us according to the law, in writing or verbally, with the simple condition that it is done by the testator himself.
With the data and information provided to the notary, he/she will draft the will according to the legal formalities. Once drafted, the notary will read the document. If, as testator, you are in agreement, you would sign it, thus expressing your conformity. The open will is the most frequent and safest type of will, since during the drafting, the notary can clarify all your doubts as testator and avoid problems that may arise later.
Closed will:
It is the common type of will that combines the secrecy of the holographic will and the advantages of the open will. The testator has to go to the notary, but after identifying himself, he only has to deliver to the Notary the envelope containing the will, indicating whether it is written in his own handwriting or by mechanical means. For this modality, in case you choose to include a non-profit entity in your will, you should write it together with the rest of your wills.. The notary would record the delivery and then read the minutes, which would be signed by the notary and you as testator. The notary will not know in any case its content.
Holographic will:
The Civil Code requires that the holographic will be written in its entirety in the testator's handwriting and signed by the testator, including the date (day, month and year) on which it is written. This will is not considered valid if it is typewritten or computerized, nor if it is written by another person. It must be written on paper and with a ballpoint pen (not with a pencil or other tools that can be erased) in the usual handwriting and signature, without erasures or writing between lines.
What are the types of wills?
Heritage
We understand inheritance as "the set of assets, rights and obligations that are not extinguished after the death of a person". But it is also important that solidarity is not extinguished and continues to be tangible in the projects of the non-profit organizations that you include in your will and that you have supported throughout your life.
The distribution of the inheritance is free on your part as testator. However, in every distribution, the Civil Code obliges you to leave a certain proportion of the assets to certain relatives - the forced heirs or legitimated heirs - and that responds to what is known as legitimate obligation. Inheritance includes not only inheritance in the strict sense, but also all donations made during life.
In the case of leaving descendants at the time of death, this set of assets formed by the inheritance plus donations is divided into three equal parts:
- Strict legitimacyĀ is the third of assets that cannot be freely disposed of and that will be destined to the legitimated, also called forced heirs. It is distributed among the children in equal parts and if one of them is deceased, his subsequent descendants inherit by right of representation, that is to say, by lineage.
- The one-third improvementThis part is also not freely disposable, but it is available to a certain extent. The law establishes that the third of improvement must be distributed among children and descendants but not necessarily in equal parts. It is possible to benefit some children over others.
- One third of free disposalĀ is the portion that you as testator can leave to whomever you choose, family or not, and can be an individual or a legal entity, including any non-profit organization. If there is one or more non-profit causes/entities in the world with which you have always felt identified, you can choose to include them in your will once you have been informed about their work. This part of the inheritance would not be taxed as the non-profit entity is a legal entity and is not subject to inheritance tax and the income derived from the inheritance is exempt from corporate income tax as it is a non-profit entity declared of public utility.
In the case of marriage, your wife or husband has the right to be recognized, at least, the usufruct of the third of improvement.
However, in the case of death without descendants but with ascendants (parents or grandparents), these will be entitled to half of the inheritance, as legitimate. In this case, if your husband or wife is still alive at the time of death, he/she will be entitled to the usufruct of half of the inheritance.
Persons who die without ascendants or descendants, but with a husband or wife, must recognize to him or her the usufruct of two thirds of the inheritance.
This regulation contains exceptions in some Autonomous Communities, such as in Navarra there is only a formal legitimate share (it is enough to mention the legitimates, without the need to leave them assets), or in CataluƱa there is only a fourth part and only in favor of the descendants. There are also rules in the Balearic Islands, Basque Country and Aragon.
What happens if I do not make a will?
Remember that a will is only an act that gives you the freedom to choose how you want to distribute your assets. In case there is no will, or if the will is considered null and void or in some other case (for example, if the heirs die before you as testator or not all the forced heirs have been included), the law establishes who are the heirs of the deceased.
- In the first placeThe children and descendants (grandchildren only if they are deceased or are unable or unwilling to inherit their parents) with respect to their parents and ascendants and without any discrimination based on sex, age or parentage.
- In second placeIn the absence of the aforementioned, the parents and the closest ascendants in degree. If the parents are not living, the grandparents inherit.
- In third placeThe spouse, who inherits in the absence of descendants and ascendants and before siblings.
- LastlyThe so-called collaterals, siblings (who inherit in equal shares), nephews, uncles, aunts and uncles. Other relatives up to the fourth degree (cousins) will inherit in the absence of the above. If there is no will, it is not possible to inherit beyond the fourth degree of kinship.
In the absence of all of the above, the State inherits, although in some Autonomous Communities it is precisely the respective Autonomous Community. This order is different in some Autonomous Communities such as the Basque Country and Navarra. If you have no relatives or loved ones with whom to share your inheritance in the future, you can name one or more non-profit entities as universal heirs, and allocate all your assets to continue building a better world.
In order to prove the condition of heir, it is necessary to prove the death and to carry out a procedure of declaration of intestate heirs, which can be judicial or notarial and whose costs are, in any case, higher than that of a will.
Legacy
As testator in your will, in addition to naming an heir, that is, designating the person or persons who will receive the generality of the assets and rights, you can also leave specific assets or rights to a person, natural or legal.
These assets can be an asset (real estate, a car, a work of art, jewelry, etc.) or a right (a benefit, the collection of a debt, a percentage of an estate, etc.). You can also bequeath assets that are not in your estate as testator. In this case, the heirs must purchase the asset for the legatee (the person receiving the bequest) from the estate (e.g., "from bank account X, buy a car for x person").
The specificity of legacies is that they have a limit: they can in no case prejudice the legitimate rights of the forced heirs. In addition, they must be granted by will and must be expressly indicated.
If you decide to include any non-profit organization in your will, it is important that you share your decision with someone from their team, not only to verify their identification data, but also to ensure compliance with your will. In addition, you will be able to learn more directly about their work.
Foral legislation on wills
When making a will, the most advisable option is to make a will before a notary, since he/she will be obliged to draft it according to your will as testator, which he/she will have to investigate, interpret and adapt to the legal system. You can also go to a lawyer beforehand, so that he/she can advise you on more specific matters, but this advice does not exclude the work that the notary will develop in any case. In particular, it is advisable the modality of open will, due to the complexities of the inheritance phenomenon, such as the peculiarities of the foral legislations of the Autonomous Communities.
In Spain there is a common civil law, which is mainly set out in the Civil Code. However, certain civil matters are regulated by some Autonomous Communities that have civil legislative competence, the common law becomes of subsidiary application, giving preference to the existing regulation in such Autonomous Communities (foral or special civil law).
This special foral or civil law is sometimes applicable by reason of the person's civil residence (1) and sometimes by reason of the mere fact of making a will in the territory where the foral law applies. Therefore, a personal or territorial law. In relation to the Autonomous Communities, several questions arise:
- Language:Ā Article 684 of the Civil Code establishes that the will must be drafted in at least one official language of the place where it is granted.
- The joint will:Ā There are Autonomous Communities in which it is not accepted (articles 669 and 773 of the Civil Code), as in the Balearic Islands and Catalonia. In other Autonomous Communities, joint wills are accepted, so the prohibition of the Civil Code does not apply. These are Aragon, the Basque Country, Galicia and Navarre.
- Fiduciawhich is the figure by which the testator is allowed to name a person who will be responsible for distributing his or her inheritance when the testator dies. In the event that there is one or more non-profit entities with which you would like to continue to collaborate when you are no longer alive, you should inform this person of your desire to include him or her in your estate.
Civilian neighborhood:Ā It is the link between the person and a legal system of an Autonomous Community in civil matters. If a person acquires a civilian citizenship
(e.g., in Aragon), the legislation of the Autonomous Community of
that neighborhood. Acquires by birth, filiation or residence (normally 10 years).
of residence in a Community, although an express declaration is sufficient 2).
Joint will:Ā It is the one that is granted by two or more people. In some places it refers only to spouses, but in others it can be spouses or not, and it can even be more than 2 persons. They do not have to name each other as heirs, but nevertheless, in practice it is the most common.
Fiducia: It is the act of naming in the will one or several persons to order their succession. Solidarity Legacy Phone: 902 010 609 CARF Foundation: +34914029082.
Aragon
The basic regulation in the foral legislation of Aragon in this matter is Law 1/1999, of February 24, 1999, on inheritance by cause of death.
In notarial wills granted in Aragon, the intervention of witnesses will not be necessary, except in exceptional circumstances. This rule is territorial, not personal, which implies that it is applicable not only for the Aragonese who testes in Aragon, but for any person who grants a notarial will in Aragonese territory.
The specialty of this provision is not because it is the only Community to establish it (in fact, the Civil Code regulates it in the same way), but because it was the first foral legislation to do so, anticipating the rest of the Autonomous Communities.
It should be noted that in Aragon there is also the possibility of granting a joint will (1), that is, a will granted by two or more persons in a single act and in a single instrument. The rules governing joint wills are of a personal nature, i.e., they "accompany" the Aragonese wherever he/she grants a will, unlike what we have just mentioned regarding witnesses.
As a curiosity, it should be noted that if one of the grantors is not Aragonese, he/she can do so as long as his/her legislation does not prohibit it. Thus, a joint will granted by an Aragonese with someone subject to the rules of the Civil Code, Catalan or Balearic law would be null and void.
Joint will: It is granted by two or more persons. In some places it refers only to spouses, but in others it can be spouses or not, and it can even be more than two people. They do not have to name each other as heirs, but nevertheless, in practice it is the most common.
Galicia
In Galicia, the basic regulations governing wills are mainly found in Law 2/2006, of June 14, 2006, on Galician Civil Law (LDCG). This law establishes particularities that differentiate it from the Spanish Civil Code, especially with regard to the legitimate and the types of wills.
The LDCG contemplates, in addition to the common forms (open, closed and holographic), some particularities:
Ordinary Open Will: It is the most common and is granted before a notary. The notary draws up the will according to the will of the testator, without the need for witnesses in general.
Closed Will: The testator, without revealing its contents, declares before a notary that the document he is delivering is his will.
Holographic Will: Written entirely in the testator's handwriting, with date and signature. Requires judicial probate after death.
Joint Will: One of the main Galician specialties. It allows two or more persons (usually spouses) to grant a will in a single notarial instrument. They may establish correspective dispositions, the effectiveness of which is reciprocally conditioned.
Will by Commissary: A spouse may grant the other spouse the power to testate on his or her behalf, either in a marriage contract or in a will.
Special Wills: Military, maritime and foreign wills are also contemplated, although they are less frequent.
2. Legitimacy in Galicia
The legitimate is the portion of assets that the testator cannot freely dispose of because it is reserved by law to certain heirs (legitimarios). In Galicia, the regime of legitimate shares presents significant differences with the common Civil Code:
Legitimacy:
Children and descendants: Children and descendants of pre-deceased, justly disinherited or unworthy children are legitimated.
Widowed spouse: The widowed spouse who is not legally or de facto separated is a legitimated spouse.
Important: Unlike the Civil Code, ascendants (parents, grandparents) are not legitimarios in Galician Civil Law.
Amount of the Legitimacy:
For descendants: The legitimate share of children and descendants in Galicia is 25% (one-fourth) of the liquid estate. This gives greater freedom to the Galician testator compared to the Civil Code, where the legitimate share of the children is two thirds.
For the widowed spouse:
If you concur with descendants: you are entitled to the usufruct for life of 25% (one fourth) of the inheritance.
If you do not concur with descendants but do concur with ascendants (even if they are not legitimated), you are entitled to the life usufruct of 50% (half) of the inheritance.
If you do not concur with descendants or ascendants, you are entitled to full ownership of the inheritance.
Payment of the Legitimacy: If the testator does not assign the Legitimacy in specific assets, the heirs, by common agreement, may choose to pay it in inherited assets or in cash (even if it is extra-hereditary). In the absence of agreement, the payment will be made in hereditary goods.
3. Intestate Succession (Without Will)
In the event that a person dies without a will (intestate succession), the LDCG establishes an order of legal succession:
1. Sons and descendants: They inherit first, by heads if they are sons, and by lineages if they are descendants of pre-deceased sons.
2. Ascendants: In the absence of children and descendants, the parents and other ascendants shall inherit.
3. Widowed spouse: In the absence of descendants and ascendants, the widowed spouse inherits in property all the assets of the deceased.
4. Siblings and nephews and nieces (collaterals up to the fourth degree): If there are none of the above, the siblings and, if applicable, the nephews and nieces will inherit.
5. Autonomous Community of Galicia: In last place, and in the absence of the above, will inherit the Autonomous Community of Galicia.
4. Other Relevant Provisions
Parking: It is a figure of Galician law that allows the deceased to "set aside" a legitimate beneficiary from the future inheritance, giving him or her goods or money during his or her lifetime in exchange for his or her waiver of the legitimate inheritance.
Disinheritance: A legitimate beneficiary can only be disinherited for justified causes expressly provided for by law, which must be stated in the will.
Revocation of the Will: A later will revokes the previous one, unless the testator expresses the contrary. The filing of an action for annulment, separation or divorce, or the separation in fact, can invalidate the power to testate in relation to the spouse.
It is essential to bear in mind that the application of these rules can be complex and depends on each particular case. Therefore, it is strongly recommended to consult a lawyer specialized in inheritance and Galician civil law for the preparation of a will or the management of an inheritance.
Navarra
In Navarre, the basic regulations governing wills are found in Law 1/1973, of March 1, 1973, approving the Compilation of the Foral Civil Law of Navarre (Fuero Nuevo). This compilation establishes an inheritance regime with very significant and different particularities from the Spanish Civil Code, especially with regard to the freedom of testament and the legitimate.
The most relevant aspects are highlighted below:
Types of Wills
The Fuero Nuevo de Navarra recognizes the following types of wills, with some particularities:
Ordinary Open Will: It is granted before a notary. It is the most common form.
Closed Will: The testator, without revealing its contents, presents a sealed sheet before a notary.
Holographic Will: Written in the testator's handwriting, dated and signed. It must be notarized after death.
Testamento de Hermandad (Mancomunado): It is one of the most distinctive figures of Navarre law. It allows two or more persons (often spouses) to grant a will in the same notarial instrument. They may establish correspective dispositions, which implies that the validity of a disposition of one testator may depend on that of the other. The revocation of this will, after the death of one of the grantors, has particularities.
Will by Commissioner or "Testament of Trust": The testator may appoint one or more persons (commissioners or trustees) to determine the heirs and distribute the assets of the estate after his or her death. This figure is of great importance in Navarre and allows considerable flexibility in succession planning.
Special Wills: Military, maritime and foreign wills are also contemplated.
2. Legitimacy in Navarre: The "Freedom to Test".
One of the most singular and outstanding characteristics of the Foral Law of Navarre is the practically non-existent legitimate in the patrimonial sense. Unlike Spanish Common Law, where the legitimate is a part of the assets that the testator cannot freely dispose of, in Navarre the principle of freedom of testament rules.
Legitimate Formal or Merely Formal: In Navarre, the legitimate of the forced heirs (children and descendants, and in their case the widowed spouse, although with specialties) is merely formal. This means that the testator is not obliged to leave them property, but simply to mention them in the will and, if he wishes, to leave them some symbolic amount or even nothing. Law 305 of the Fuero Nuevo establishes that "the foral reserve has no enforceable patrimonial content nor does it attribute the quality of heir, and the person instituted in it will not respond in any case of the hereditary debts nor will he be able to exercise the actions proper to the heir".
Appearance of the "Usufruct of Widowhood": The widowed spouse, if not legally or de facto separated, has a right to the universal and lifelong usufruct of all the assets of the estate, which prevails even over testamentary dispositions. This usufruct is a very strong right in Navarre Foral Law and seeks to secure the position of the surviving spouse.
There is no legitimate for ascendants: As in Galicia, ascendants (parents, grandparents) are not legitimate** in the Foral Civil Law of Navarre.
This freedom of testament allows the Navarrese testator a great deal of autonomy in deciding the destination of his assets, being able to favor only one of his children, strangers, or whomever he deems appropriate, as long as the "formal legitimate" (mentioning the legitimated beneficiaries) is complied with.
3. Intestate Succession (Without Will)
If a person dies without having made a will, the Fuero Nuevo establishes an order of legal succession, distinguishing between "truncal" and "non-truncal" assets:
Trunk Assets: These are those assets that have remained in the family for several generations. The Fuero Nuevo establishes a special regime for their succession, seeking that these assets remain within the family.
Non-Trunk Assets: All other assets. The order of succession for these assets is as follows:
1. Sons and descendants: They inherit by heads or lineages.
2. Widowed spouse: If there are no descendants.
3. Ascendants: Parents and other ascendants, in the absence of the above.
4. Siblings and nieces and nephews (collateral up to the fourth degree):** If there are no ascendants or descendants.
5. Comunidad Foral de Navarra: In last place, in the absence of the above.
4. Other Relevant Figures
Waste Trust: It allows the testator to leave assets to a person (trustee) to enjoy them, and what remains of them upon the testator's death, to pass to another person (trustee). In Navarre, this figure has a specific regulation that grants flexibility to the trustee to dispose of the assets, if so established.
Disinheritance: Although the legitimate is formal, the disinheritance of the legitimated is only possible for causes specified in the law and must be expressed in the will.
Revocation of the Will: A later will usually revokes the earlier will, but in the case of a sorority will, the conditions for revocation are stricter, especially after the death of one of the grantors.
The Foral Law of Navarra is complex and has a great wealth of inheritance figures that seek to preserve the freedom of testament and the continuity of the family estate. Given its specificity and the differences with the common Civil Code, it is essential to have the advice of a legal professional (lawyer or notary) specialized in Navarre's Foral Civil Law for the planning of the inheritance or the management of a succession.
Basque Country
In the Basque Country, the basic regulations governing wills can be found in Law 5/2015, of June 25, on Basque Civil Law. This law unified a large part of the existing foral civil law in the different historical territories (Alava, Bizkaia and Gipuzkoa), although maintaining some specific particularities, especially in the "troncalidad" of Bizkaia.
The most relevant aspects are detailed below:
Types of Wills
The Basque Civil Law Act (LDCV) contemplates the following forms of will:
Ordinary Open Will: The most common, granted before a notary public.
Closed Will: The testator, without revealing its contents, presents it closed before a notary.
Holographic Will: Written in the testator's handwriting, dated and signed. Required to be notarized after death.
Joint Will: A very relevant figure in Basque law, as well as in Navarre and Galicia. It allows two persons (not necessarily spouses, although it is the most common) to grant a will in the same notarial instrument. They can establish correspective dispositions, which implies an interdependence between the wills of the testators. The unilateral revocation during the lifetime of the testators has a specific regulation.
Will by Commissioner or "Testamentary Power of Attorney": The testator may grant to one or more persons (trustees or fiduciaries) the power to dispose of his property upon death, determining heirs or legatees. This figure, which gives great flexibility, must be exercised in accordance with the instructions of the testator or, failing that, in accordance with good faith and usage.
Will in danger of death ("Hilburuko"): A special form that can be granted before three suitable witnesses without the intervention of a notary, when the testator is in imminent danger of death. It should be formalized in writing as soon as possible.
2. Legitimacy in the Basque Country
The legitimate in the Basque Country, after Law 5/2015, has become considerably more flexible, approaching the freedom of testament of Navarre, although with a legitimate of patrimonial content, but of a lower amount.
Legitimacy: They are legitimate:
The children or descendants in any degree.
The widowed spouse or surviving member of the registered domestic partner, who will have a usufructuary share if concurring with other heirs.
Important: Unlike the Civil Code, ascendants (parents, grandparents) are not legitimaries in Basque Civil Law.
Amount of the Legitimacy:
For descendants: The reserved portion is one third (1/3) of the liquid estate. This means that the testator has great freedom to dispose of the other two thirds of the estate (the one third of improvement and the one third of free disposition of the Common Law are merged into the two thirds of free disposition in the Basque Country).
Collective Legitimacy: The Law allows the testator to attribute the legitimate share to one or more of his or her legitimated beneficiaries, being able to "set aside" or exclude the others expressly or tacitly. The omission of a legitimate in the will is considered a tacit exclusion. This confers a great freedom to the testator to favor one or some of his children or descendants, leaving the others without legitimate (except for the formal mention).
Widowed Spouse or Domestic Partner: You are entitled to the usufruct for life of the third of improvement (if you concur with descendants).
If he/she does not have descendants, he/she will have the right to the universal usufruct of all the deceased's assets.
In addition, the surviving spouse or domestic partner will have the right of habitation in the family dwelling as long as he/she maintains his/her widowed status, does not live a marital life or does not form a new domestic partnership.
3. Intestate Succession (Without Will)
If a person dies without a will, the LDCV establishes an order of legal succession:
Non-Trunk Assets (for the entire Basque Country):
1. Sons and descendants: They inherit by heads or by lineages.
2. Widowed spouse or surviving member of the registered domestic partner: In the absence of descendants, inherits in property.
3. Ascendants: Parents and other ascendants, in the absence of the above.
4. Siblings and nieces and nephews (collateral up to the fourth degree): If there are none of the above.
5. General Administration of the Autonomous Community of the Basque Country: In last place.
Trunk Assets (exclusive of Bizkaia and Llodio - Alava): Truncality is a peculiar figure of the Civil Law of Bizkaia (and of the municipality of Llodio) that seeks to preserve the ownership of certain assets (real estate) within the family from which they come, following specific kinship lines (tronqueros). In the succession of trunk assets, preference is given to trunk relatives over other heirs, even over direct descendants of the deceased who are not trunk relatives. This may alter the order of intestate succession for those specific assets.
4. Succession Covenants and Other Figures
Succession Covenants: The LDCV recognizes and regulates succession covenants, which make it possible to order the succession of assets during the lifetime of the deceased, with post mortem effects or with present effectiveness (such as the "donation with reservation of the power to dispose"). These covenants have a higher rank than the will, and a subsequent will cannot revoke them if it contradicts them.
Parking: It is the figure that allows the testator to "set aside" a legitimate beneficiary (child or descendant) from the inheritance, depriving him of his legitimate share, without the need to justify a cause for disinheritance. It is sufficient to mention it in the will and expressly set it aside, or simply omit it (tacit setting aside).
Disinheritance: Although the legitimate is more flexible, formal disinheritance for causes specified in the law is still possible.
Basque Civil Law, with its singularities (especially the collective legitimate with set aside, the joint will and the truncation in Bizkaia), offers flexible tools for succession planning. However, its complexity requires the guidance and advice of a legal professional (lawyer or notary) specialized in Basque Civil Law to ensure that the will or succession is in full compliance with the will of the deceased and the law in force.
