When a deceased person leaves children, the descendant line of succession of heirs of the body opens (i.e., their universal heirs will be their children).
In the event that there are several children and there is no will, siblings will inherit equally. Remember that in Spain children are compulsory heirs and therefore are entitled to at least a third of the assets.
In these cases, after the inventory is made, the deceased estate shall be distributed equally in batches (e.g. in case of tangible assets).
What happens when a will distributes assets unequally among siblings?
The testatoris free to distribute differently among their children. However, all children are entitled to their `legitimate´ share.
The inheritance is divided into three thirds: legítima, mejoraand libredisposición.
The first sets that none of the children may be deprived from the legitimate part of the inheritance (except as otherwise specifically regulated by law). However, the remaining two-thirds of the inheritance may be distributed in favour of one or another child.
The testator may dispose of the remaining third as he wishes. It could be for their children, for one child only or even for a person who is not entitled to the legitimate third.
Do not hesitate to contact us for any doubts that may arise in connection with your last will. Our team at Carbray will help you. Go to any of our Spain offices or dial (+34) 900 264 600.