The process of succession and inheritance in Orihuela costa
Succession is a way of acquiring property by virtue of the transfer of rights, obligations and legal relationships of a person from the moment of his or her death. Inheritance, on the other hand, is the set of assets, rights, obligations and legal relations that do not end with death, but are susceptible to succession by reason of death.
The Will and the Intestate Way
The right to inheritance in Orihuela Costa is transmitted from the moment of death of a person. This right can be established in two ways: through the will left by the deceased or through an intestate will.
The solution through the will is usually the most common. It is the will of the person who causes the right to succession, which is expressed in the will.
The intestate or legitimate solution is the one established by the Law and occurs when the deceased person has not left a will.
Succession and the heir
In the will or in the Law, the figure of the heir is stated in a universal way. He is responsible for receiving all the assets of the inheritance, provided he is the only heir, or part of it if there is more than one heir.
Within the figure of the heir, two fundamental concepts should be distinguished:
- The voluntary heir: established in the will as heir
- The forced heir: the one to whom the Law grants the right to inherit a part of the inheritance
But the heir is not the only person entitled to succeed. The figure of the legatee or successor in a private capacity also appears here. This can only be designated in the will to receive one or more specific assets from the estate.