Galician succession law presents peculiarities that notably distinguish it from the common Spanish regime, reflecting its rich legal tradition and adaptation to the socioeconomic reality of the region. With the enactment of the Civil Law of Galicia (LDCG), institutions such as the improvement of cultivation and possession, exclusion, and improvement agreements have been consolidated, allowing for succession planning that better aligns with local family and property needs. In this article, we will explore these figures, highlighting the 2021 reform, which introduced significant changes in the realm of Galician successions.
Improvement of Cultivation and Possession
The improvement of cultivation and possession is a characteristic institution of Galician succession law that allows the testator to favor one of their descendants to continue the family agricultural or livestock operation. This mechanism is designed to prevent the fragmentation of operations, maintaining their economic and cultural viability. According to Article 266 of the LDCG, the improvement can be made in favor of any descendant who has collaborated in the operation for at least ten years. This provision reinforces the idea of continuity and dedication to the family heritage.
The 2021 reform introduced some flexibility in the temporal requirements for the application of this improvement, adapting to the modern dynamics of agricultural operations. Furthermore, its coexistence with other succession rights has been clarified, allowing for more precise and effective planning. Galician jurisprudence has supported this approach, emphasizing the need to preserve these economic units as an integral part of the Galician social fabric.
Exclusion as a Means of Exclusion
Exclusion is another distinctive figure of Galician law, allowing the testator to exclude a forced heir in exchange for an equivalent benefit received during their lifetime. This institution, regulated in Article 274 of the LDCG, differs from disinheritance under the common Civil Code, as it does not require a just cause but is based on a prior agreement or compensation.
In practice, exclusion poses significant challenges, especially regarding the valuation of the benefit received and the proof of the agreement between the parties. Disputes over these aspects are common in Galician courts, where a jurisprudential criterion has developed that requires clear and convincing evidence of the exclusion agreement for its validity (STS Galicia 2022/500). The doctrine has also extensively debated the compensatory nature of this figure, highlighting its consensual character as opposed to unilateral imposition.
Improvement Agreements: Flexibility and Planning
Improvement agreements are instruments that allow the decedent and their heirs to agree on improvements during their lifetime, ensuring a distribution of assets that better reflects family circumstances. Regulated in Article 277 of the LDCG, these agreements offer great flexibility by allowing adjustments in the distribution of assets without needing to wait for the decedent's death.
Since the 2021 reform, the capacity of improvement agreements to include conditions and burdens has been enhanced, increasing their utility in estate planning. However, practice shows that it is crucial to adequately document these agreements to avoid future disputes, especially regarding the interpretation of the imposed conditions. Jurisprudence has insisted on the need for clear and precise drafting for the agreements to be enforceable without ambiguities.
Universal Usufruct of the Spouse
The universal usufruct of the surviving spouse is a typical provision of Galician law that grants the surviving spouse the usufruct of the entire inheritance. This figure, included in Article 267 of the LDCG, aims to provide economic security to the surviving spouse, allowing continuity in the enjoyment of family assets.
Although this figure ensures the protection of the spouse, it can generate conflicts with the rights of forced heirs, who may see their property expectations limited. In our practice, we have observed that these conflicts are often resolved through agreements that financially compensate the heirs while respecting the spouse's usufruct. Galician jurisprudence has been clear in establishing that the usufruct cannot be interpreted in a way that deprives heirs of their legitimate rights, requiring careful balance in the execution of these provisions.
- Verify the existence and validity of succession agreements when planning the inheritance.
- Consider the joint application of the improvement of cultivation and possession with other succession rights.
- Adequately document any exclusion to avoid future litigation.
In conclusion, Galician succession law offers unique tools for estate planning, although it also presents complex challenges that require deep and up-to-date knowledge. Tools like LexPartis facilitate professionals in managing these processes, allowing for a more rigorous and efficient analysis of each case, ultimately resulting in better service for our clients.