In the vast and diverse landscape of Spanish succession law, the Civil Law of Aragon (CDFA) offers unique figures that, due to their specificity, require detailed analysis. Among them, the fiducia succession and the joint will between spouses stand out not only for their historical roots but also for the flexibility they provide to testators. In our daily practice, these tools allow us to respond to the particular needs of Aragonese families, but they also pose unique challenges, especially when cohabitation breaks down.
The Fiducia Succession in the Civil Law of Aragon
The Aragonese fiducia succession, regulated in articles 393 and following of the CDFA, is an institution that allows the testator to delegate to a trusted person, the fiduciary, the authority to distribute the hereditary assets among the heirs. This figure, which dates back to the Aragonese foral legal tradition, seeks to adapt to changing family circumstances, providing the fiduciary with considerable leeway to decide what is best for the heirs.
One of the most notable characteristics of the fiducia succession is its flexibility. The fiduciary can be a family member, such as a spouse or child, or even an impartial third party. This choice is crucial, as the fiduciary must act in accordance with the trust placed in them, always within the framework of 'fides', the ethical core of the fiducia.
However, this flexibility also carries risks. Choosing an unsuitable fiduciary can lead to conflicts among heirs, especially when the fiduciary's decisions are perceived as unfair or arbitrary. In this regard, Aragonese jurisprudence has emphasized the importance of acting in accordance with the will of the deceased, as reflected in the STSJA 12/2024, which underscores the need for a restrictive interpretation of fiduciary powers.
The Joint Will Between Spouses
The joint will, provided for in article 431 of the CDFA, allows spouses to grant a joint will in which they dispose of their assets reciprocally or jointly. This testamentary modality is particularly practical in marriages with significant common assets, facilitating a more coherent and harmonious succession planning.
However, the joint will presents certain complexities, especially in the event of a breakdown of cohabitation. Unlike the Castilian system, where the joint will is not recognized, in Aragon this figure enjoys full legal recognition. However, the dissolution of the marriage, whether by divorce or the death of one of the spouses, can lead to contentious situations, as the testamentary provisions must be reviewed to reflect the new personal and asset reality.
Doctrine and jurisprudence have extensively debated whether the breakdown of cohabitation should imply the automatic revocation of the joint will. In this regard, the ruling of TSJA 45/2025 highlights that, unless otherwise agreed, the joint will must be respected until both spouses decide to modify it expressly.
Consequences of the Breakdown of Cohabitation
The breakdown of cohabitation in a marriage that has granted a joint will can have significant succession repercussions. In Aragon, the legislation allows that, unless otherwise agreed, the testamentary provisions remain valid until they are formally revoked. This differs from the general regime of the Spanish Civil Code, where, in the absence of a joint will, each spouse retains full freedom to modify their individual will.
- Review of testamentary provisions after separation.
- Clear and formal communication with the spouse regarding the intention to modify the will.
- Consideration of the influence of new marriages or de facto unions on the existing will.
In practice, we advise our clients to proceed with caution and seek specialized legal advice to navigate these potentially turbulent waters. Lack of clarity in the provisions can lead to unnecessary litigation, as observed in several recent court cases.
Comparison with the Castilian System
The contrast between Aragonese succession law and the Castilian system is revealing in many aspects. While the fiducia succession and the joint will are established figures in Aragon, common law does not explicitly contemplate them, reflecting differences in the conception of the autonomy of will and the protection of family interests.
In Castile, the regulation focuses more on the protection of the legitimate share and the strict application of the Civil Code rules. The absence of figures such as the fiducia succession limits flexibility in asset planning, forcing testators to seek less personalized alternatives.
These differences underscore the importance of a deep understanding of foral law when advising on succession matters. Each regime offers unique advantages and challenges that must be carefully considered when planning the succession of a family estate.
In conclusion, the tools provided by the Civil Law of Aragon, such as the fiducia succession and the joint will, offer valuable flexibility for succession planning, but require expert handling to avoid conflicts. Tools like LexPartis facilitate rigorous and efficient management of these processes for legal professionals, ensuring that both the will of the deceased and the rights of the heirs are respected.