In the will, it is not obligatory to specify in what assets the part of each of the heirs is specified. But the minimum must be respected: it is the so-called legitimate part, which corresponds to the legitimate heirs: descendants, ascendants and the spouse. The improvement part is the third that is used to improve the inheritance of one or all the forced heirs there are peculiarities by Autonomous Communities. Finally, the third of free disposition can be freely distributed among them or used to make a gesture of solidarity that will last when we are no longer. You can look for how to make a will in uae there.
The solidarity will is to remind us in the life of those who are having a hard time, who have fewer opportunities to access education, a life without illness or violence simply because they were born elsewhere or that, even in our country, they experience very harsh situations of exclusion and poverty. Without checking out yours, but also thinking about reaching out to others, a will give life where it is most needed.
A general question is how to distribute the inheritance if it is mandatory to choose between a donation and a will. However, it should be clarified that making a will is not exclusive compared to a living donation, so both can be done without any problem.
Yes, or yes a will must be made. A will is not exclusive against a living donation
Starting with the economic part of what it costs to carry out both procedures, expert clarifies that it is much cheaper to die than to make a donation. Currently in places like Madrid, dying is really cheap for the heirs. However, there are other relevant reasons to take into account such as legislation, taxes that will be in the future, and all the legal changes that may occur in a few years.
Another important difference is that in the inheritance tax the law corresponding to the residence of the deceased is applied, regardless of where the assets are. So although the assets to be distributed are located in Andalusia, for example, if the residence of the deceased is the Valencian Community, it will be the latter autonomous community that applies the law.
How does the residence of the deceased influence a succession?
According to the current regulations, the law corresponding to the residence applies. This fact is really important because due to frequent geographic mobility, the residence does not always correspond to the place where one was born, or where one has lived most of his life. It is always better to make a will than not to. To know when it is convenient to make a living donation, it is better to seek the advice of a specialist.
This is very important because if, for example, a pilot who works for an Asian airline and lives in the United Arab Emirates dies, the inheritance law for that country is applied, even if he has all his properties in Spain.
When can a living donation be more profitable?
There are more specific patrimonial situations that may determine that it is more convenient to make a living donation. Although in each case it should be advised by a person who studies the particular situation, as a general rule they are convenient when there may be disputes between heirs or when the amount of money is really high.