He testament It is a fundamental act in the life of any person, since it allows to make clear the wills and desires that are had regarding the distribution of the estate after death Despite this, many people do not take into account the importance of making a will and, consequently, legal and family problems can arise after death.
For this reason, it is advisable to make a will as soon as possible. It is not necessary to wait until you are old or suffer from a serious illness to do so. In fact, the sooner it is done, the better, since this allows you to have greater mental clarity and make decisions in a more conscious and thoughtful way.
In addition, making a will allows you to avoid conflicts and misunderstandings between the different heirs, if any, since it clearly and precisely establishes who are the beneficiaries of the assets and in what proportion. This also helps to avoid situations where you have to go to court to resolve problems related to inheritance.
It is important to note that making a will is neither a complicated nor an expensive process. In many countries there are laws that make it easy and cheap to make wills. Let’s see the 10 compelling reasons to make a willaccording to the OCU and this way you may see more clearly that making this legal document is always a good idea.
Facilitate procedures for heirs
The main reason for making a will is to make things easy for the heirs. When carrying out this procedure, which has a price of 60 euros, although it may vary depending on the notary or agency, it is ensured that the heirs do not have to go through all the legal paperwork that involves not having made a will.
In addition, when making the will, what will happen is that the heirs do not have to carry out different procedures with a higher price, as is the case with the “declaration of intestate heirs” which has a price of between 250 and 400 euros. Leaving the will made is to facilitate the situation for the heirs.
Favor a descendant over the rest of the children
Another reason to make a will is to be able to make an adequate distribution according to the interests that you may have. In this case, what happens is that with the will made you can leave a greater or lesser amount of assets to an heir. By not making a will, the heirs will receive the inheritance in equal parts.
When formulating the will you can make an unequal distribution of the different assets. In fact, this is usually one of the compelling reasons when carrying out this procedure in advance. What can be improved in inheritance is the third of free disposition, the third of improvement and what corresponds to it by dividing in equal parts the third of strict legitimate among all the children.
disinherit a child
It may be one of the less pleasant reasons to make a will, but it must also be taken into account. And, it is that, in case of not making a will, a child cannot be disinherited. As we have commented, by not making a will, the assets pass equally to the different children that have been had during the marital relationship.
When making the will to disinherit any of the children, compelling reasons must be given for which they do not deserve to have an inheritance. The accepted reasons are: denial of support in case of need, physical abuse, serious injuries and, in some courts, psychological abuse has also been admitted, such as abandoning relationships or not showing interest in parents.
Carry out a personalized distribution of goods
It may seem that this section is the same as that of favoring a descendant over the rest of the children, but it is not. And, in this case, it is about making a personalized distribution of the different goods. This means leaving certain properties, objects or any type of element to a specific child.
Come on, it is exemplified in the event that the children have chosen or selected certain goods with which they want to get hold of. This also applies in cases in which the inheritance may be conflicting and, therefore, in this way everything is completely distributed so that there is no doubt.
Adjust inheritance manually
As we have commented, by not making an inheritance, what happens is that the distribution is made in accordance with the provisions of the law. This may not suit you due to your family situation and therefore you prefer to leave stipulated how the inheritance will be distributed in the event of natural or premature death due to an accident.
And, it is that, in the case of not having children, but being case, what will happen to your assets is that they will go to your living ancestors who can be your parents, grandparents or great-grandparents. They will be the ones who receive your inheritance and, therefore, your spouse nothing. In these cases it is better to leave stipulated in the will how the inheritance will be.
Equate the situation of your common-law partner
Depending on the autonomous community in which you live, the succession rights of married couples and common-law couples are comparable. Given this, the best thing that can be done in case of having a common-law partner is to make a will in which the two situations are equated in order to avoid any type of problem.
In this specific case It is vitally important to indicate in the will the general part that the common-law couple must receive. In addition, if you do not have heirs, you must also clarify what you want to do if you have living ancestors. This manages to equate the situation of the unmarried couple in any community.
Securing the position of your spouse
As in the previous situation, if you are married and have living ancestors both above and below what you will receive your spouse in the case of death without a will is the usufruct over a part of your inheritance. Come on, they will always have a small part of the inheritance and this may not be the situation that you want.
When making a will, what you can do is leave him property, which he can sell and not just enjoy or rent. You can modify the inheritance to favor it at the same level as the children with the will. In addition, you can also allow the heirs and the widow(er) to exchange the usufruct for money or for parts of the estate in freehold.
In case of not having forced heirs
There may be a situation where you do not have forced heirs, being this something quite plausible. In these cases, since you do not have descendants, ancestry, spouse or common-law partner, what you can do with your assets is at your complete disposal and, that is, you can do what you prefer.
In fact, in case of being in this situation, the best thing to do is to make a will since it is possible that the assets end up in the hands of people who do not interest you or, even, go to the state coffers. So given this situation you can make a will and leave what you want to anyone such as friends or organizations of any kind.
Make a detail to a relative or person outside the family
In line with what was discussed above, if you do not have forced heirs, you can leave assets to friends. But this can also be included in the will in the normal way and, in fact, you can make a will just to be able to have a detail with a person who, in addition, will be exempt from inheritance tax.
This type of detail can be any object, in fact, it can range from a jewel, a painting to a flat. or rights to any type of intellectual property such as books, composed songs or movies. Of course, the legacies cannot violate the legitimate ones of the forced heirs and, in case this happens, they will be reduced to be within the law.
Set assets to stay with a branch of the family
The last reason to make a will is to have control over the assets once you have passed away. In case of being married and without children, you may have established that the heir is your spouse, which will make your assets go to this person. But you want the assets to return to your branch of the family when your spouse dies.
In this case, what is done is a designation of a first heir, your spouse, and then a second heir who will receive the assets once your spouse has died. By establishing this, any type of problem is avoided and, in fact, it is useful to keep certain assets within the same family branch.
In short, making a will has more advantages than disadvantages. If you are not sure whether to carry out this procedure, the best thing to do is to take stock of the family and personal situation, although it is always a good idea to leave a will made for one of the ten different reasons for the OCU that we have exposed throughout. of the previous lines.
