Family Law
SUCCESSIONS AND INHERITANCE
To successfully organize an estate, it is necessary to fulfil the testator’s will to avoid future conflicts between heirs or beneficiaries.
New family models make it imperative to obtain sound advice to avoid highly complex situations in the future
A distinction must be made between testamentary bequests and intestate succession. The first comes about when the deceased person has expressly left their last will and testament, which must be observed. The second arises when a person dies without leaving a will or if the will is declared void; when this happens, the law designates the deceased’s heirs.
LAW ON WIDOWS AND PARTNERS OF DECEASED PERSONS
Parties must receive sound advice in the event that the other party to the relationship dies and the couple were separated on a de facto but not legal basis or were not divorced.
SUCCESSIONS AND INHERITANCE
To successfully organize an estate, it is necessary to fulfil the testator’s will to avoid future conflicts between heirs or beneficiaries.
New family models make it imperative to obtain sound advice to avoid highly complex situations in the future
A distinction must be made between testamentary bequests and intestate succession. The first comes about when the deceased person has expressly left their last will and testament, which must be observed. The second arises when a person dies without leaving a will or if the will is declared void; when this happens, the law designates the deceased’s heirs.
LAW ON WIDOWS AND PARTNERS OF DECEASED PERSONS
Parties must receive sound advice in the event that the other party to the relationship dies and the couple were separated on a de facto but not legal basis or were not divorced.
INCAPACITY
A filing for judicial disability aims to protect people whose capacity to act has become compromised, “capacity to act” being understood as the ability to effectively and validly carry out legal acts, to exercise rights and to fulfil obligations.
Standing to make such a filing is limited to the person’s immediate family, such as a spouse or a person who is in a similarly close relationship with the applicant—for example, descendants, ascendants and siblings. Only if none of these people files for incapacity can the Public Prosecutor, where it is aware of the circumstance, do so. If the incapacitated party is a minor, only parents or guardians can make the request.
INCAPACITY
A filing for judicial disability aims to protect people whose capacity to act has become compromised, “capacity to act” being understood as the ability to effectively and validly carry out legal acts, to exercise rights and to fulfil obligations.
Standing to make such a filing is limited to the person’s immediate family, such as a spouse or a person who is in a similarly close relationship with the applicant—for example, descendants, ascendants and siblings. Only if none of these people files for incapacity can the Public Prosecutor, where it is aware of the circumstance, do so. If the incapacitated party is a minor, only parents or guardians can make the request.
FILIATION
Filiation is determined by registration of the relationship between a person and their parent in the Civil Registry. The only distinction is whether the filiation is biological or adoptive. In the first case, filiation with the mother arises at birth; filiation with the father is where doubts may arise, and it may be subject to judicial recognition. The second case results from a legal process of adoption.
There are cases in which a person applies for recognition and others in which it is contested. In both scenarios, a court judgment that legally determines the filiation is necessary, hence the importance of obtaining appropriate legal advice.
FILIATION
Filiation is determined by registration of the relationship between a person and their parent in the Civil Registry. The only distinction is whether the filiation is biological or adoptive. In the first case, filiation with the mother arises at birth; filiation with the father is where doubts may arise, and it may be subject to judicial recognition. The second case results from a legal process of adoption.
There are cases in which a person applies for recognition and others in which it is contested. In both scenarios, a court judgment that legally determines the filiation is necessary, hence the importance of obtaining appropriate legal advice.
We are lawyers who specialize in Family Law
The firm’s lawyers have extensive experience, both in negotiation and before the courts, and they have extensive training in all areas of Family Law.
DIVORCE LAWYER BARCELONA