The right to the marital quarter is a key figure in the field of Navarrese succession law, whose origin and development are found in the Fuero Nuevo of Navarra. For professionals in succession law, understanding the nuances of this institution is essential, not only due to its impact on the rights of widowed spouses but also because of its interaction with the economic matrimonial regime of the Navarrese marital society. In this article, we will explore the prerequisites for application, amount, active legitimization, and computable assets of the marital quarter, as well as its comparison with the widow's share under the Civil Code.
Prerequisites and Amount of the Marital Quarter
The right to the marital quarter, primarily regulated in Laws 253 to 260 of the Fuero Nuevo of Navarra, is configured as a right of the widowed spouse to receive one-fourth of the hereditary assets, provided that there are no descendants of the deceased. This right is activated in the absence of a testamentary provision that revokes it, and its amount is determined based on the net value of the inheritance, after deducting debts and hereditary burdens.
It is important to note that the marital quarter is calculated on the assets that make up the net estate of the deceased, excluding those that are not part of the estate, such as life insurance not designated to the widowed spouse or inter vivos gifts that are not subject to collation according to Article 253. The precise calculation of this quarter is a crucial aspect that can generate disputes between parties, especially when discussing the value of real estate or deductible debts.