Can I influence the effects of the donation on the succession?
Yes. Spanish law contains a specific provision on this point. Before the estate is distributed and the assets of each heir is decided, the rightful heir, who inherits alongside all the other rightful heirs, must add to the inheritance the value of any gifted assets or any other benefit s/he received from the testator during the latter’s lifetime. This is an institution known in Spanish as colación.
The testator can expressly waive the colación requirements either at the time the gift is made or in his/her own will. However, a rightful heir/donee who renounces his/her inheritance is not required to add the gifts s/he received to the inheritance. The assets bequeathed by the will are not subject to colación if the testator has not expressly specified the contrary. The inventory of the assets must be done at the time the partition of the inheritance is conducted.
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Consejo General del Notariado
Paseo del General Martinez Campos, 46, 6°
E - 28010 Madrid, España
Tel.: +34 - 91 - 308 72 32
Fax: +34 - 91 - 308 70 53
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