Lawyers Marbella

Legacies of an inheritance

What are the legacies of an inheritance? These are last will and testamentary provisions under which the disposer rules on the creation, modification or termination of a legal relationship.

In the structure of a legacy are found or appear the testator or disposer, the legatee and the encumbered or rebellious, so that the testator can encumber his heir and the legatees with orders and legacies.

If the testator burdens one of his heirs with a bequest, this heir is obliged to carry it out, but if he does not, all the heirs would be obliged to do the same and in the same proportion.

The figure of the legatee is one who is not liable for the encumbrance, but only to the extent of the value of the legacy.

According to the Civil Code, any legacy of things that are not in commerce is null and void, although it is not precisely defined what can be the object of a legacy. It is understood that the things that are considered in the trade of persons are susceptible of being bequeathed.

Credit claims belonging to a testator or deceased person may also be bequeathed, although the bequest may confer on the legatee the right to claim performance of a benefit on the person liable to pay the tax.

If they are services that the taxed person has to carry out with the aim of making the legacy effective, they should meet the requirements of the Civil Code in general terms if we talk about the object of the contracts, which may be lawful, possible or determinable.

If you need help with all this kind of succession and inheritance matters, you can contact our expert lawyers in Marbella and you will be satisfied with our service.