by Jesus Barrena 
We are going to see how the inheritance should be shared with the children, in accordance with the provisions of the Civil Code. To have the best legal advice it is important to have inheritance attorneys, with legal experience.
Contents
How to share the inheritance with the children
When it comes to dividing the inheritance with the children, say first of all that the The heritage, refers to the movable and immovable property that is owned by a person and that is transmitted to their descendants, after their death, must be distributed in the manner indicated by the Civil Code.
The Civil Code establishes that in the inheritance there is a part of the will that the law obliges to deliver to the children, descendants, to which they are entitled by law.
There is the possibility, even so, that they do not receive what corresponds to them by law, the legitimate, in the event that there is a legal reason to disinherit them.
Legitimate and forced heirs
The legitimate, according to the definition of Civil Code is the portion of assets that the testator cannot dispose of because the law has reserved it to certain heirs, called for this forced heirs.
The inheritance that must be distributed among the children, the legitimate one, even if they disagree.
Who they are are forced heirs with the right to legitimate
The Civil Code stipulates what amount should be divided between the descendants, ascendants or the spouse
They are forced heirs, and in this order the following:
- Children and descendants with respect to their parents and ascendants.
- In the absence of the above, parents and ascendants with respect to their children and their descendants.
- The widower or widower in the manner and to the extent established by this Code.
The most common situation in inheritances is that the assets of the deceased are distributed among their descendants, among their children or grandchildren.
If the deceased lacked these descendants, the inheritance would then pass to the ascendants, the parents, and thirdly, to the spouse, who is the next in the succession list.
What percentage of the inheritance corresponds to the legitimate
The legitime of the children and descendants is, as stipulated by the Civil Code, two thirds of the hereditary assets of the parents.
One of these two thirds is freely available to the testators, but with a limitation. It is about the improvement that is that third part of the inheritance in the form of a legacy that the parent can give as an improvement to one or more of his forced heirs, thus expanding the strict legitimacy regarding those heirs.
As for the third part of the inheritance to which we have not yet made reference, it is freely available to the testator, who may dispose of it as he wishes. This part could be left to persons other than his forced successors if the testator so decides.
In summary, the distribution of the inheritance is distributed as follows:
- A third goes to the legitimate heirs
- The third of improvement is distributed among those same forced heirs as the deceased person decides.
- The other third part is freely available, which can be left to whoever you want, inside or outside the forced ones.
How is the inheritance distributed when there is no will?
In case of intestate inheritance, the legitime of the parents or ascendants is half of the hereditary assets of the children and descendants. unless they attend together with the widowed spouse of the offending descendant, in this case it will be one third of the inheritance.
The legitime that is reserved for the parents will be divided between the two in equal parts; if one of them has died, all of it will fall on the survivor.
In the event that the testator leaves neither father nor mother alive, but ascendants, in equal degree, of the paternal and maternal lines, his inheritance will be distributed as follows: the inheritance in half between both lines.
In the event that the ancestors were of a different degree, it will correspond entirely to those closest to one or the other line.
How can you disinherit a child?
In the case of disinheriting a child, he will not have the right to legitimate.
There are several reasons why it is possible to disinherit a child, an ascendant or a spouse. There are generic and specific causes depending on the relationship between the person leaving the inheritance and the heir.
The Civil Code in its articles 848 to 857 sets forth the conditions for disinheritance cases:
Disinheritance may only take place for any of the causes expressly stated by law. It may be made in a will, expressing in it the legal cause on which it is based.
The following are just causes for disinheritance:
- Having denied, without legitimate reason, food to the father or ascendant who disinherits him.
- Having mistreated him in action or seriously insulted him in word.
- Having lost parental authority due to the causes of article 170 of the Civil Code.
- Having denied food to their children or descendants without legitimate reason.
- Having attempted one of the parents against the life of the other.
- Having seriously or repeatedly breached marital duties.
- Those that give rise to the loss of parental authority, according to article 170.
- Having denied food to the children or the other spouse.
- Having attempted against the life of the testator spouse.
In case of subsequent reconciliation of the offender and the offended party, it deprives the latter of the right to disinherit, and renders the disinheritance already made null and void.
Those children or descendants of the disinherited will take their place and will retain the rights of forced heirs with respect to the legitime.
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