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Inheritance FAQ
What are the three thirds of a Spanish estate?
Under common Spanish law (Civil Code), the estate is divided into: strict legitim third (reserved equally for forced heirs), improvement third (distributable among forced heirs), and free disposal third (left to anyone).
Who are the forced heirs?
Forced heirs (Art. 807 CC) are: children and descendants, failing them parents and ascendants, and the surviving spouse with usufruct rights.
What is the surviving spouse usufruct?
The surviving spouse has a lifelong usufruct over one third (with children, Art. 834 CC), one half (with ascendants, Art. 837 CC), or two thirds (without descendants or ascendants, Art. 838 CC).
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