The fiducia succession and the joint will are two emblematic legal figures of Aragonese Civil Law that provide specific solutions to the succession needs of families. Both figures stand out for their uniqueness and differences compared to the common or Castilian system, where these institutions do not fit in the same way. In our daily practice, we have observed how these tools can be crucial in articulating the wishes of the deceased, especially in situations of breakdown of cohabitation. This article examines the characteristics of these institutions, their implementation, and the divergences with other jurisdictions.
The Fiducia Succession in Aragonese Civil Law
The fiducia succession, regulated in Articles 426 and following of the Aragonese Foral Law Code (CDFA), allows the testator to designate a fiduciary to manage the estate's assets according to the established instructions. This figure provides flexibility and trust to the succession process, allowing adaptations that the testator may foresee as necessary due to future circumstances unknown at the time of granting the will.
One of the main characteristics of the fiducia succession is its personal trust nature, as the fiduciary acts according to the will of the testator, granting them a margin of maneuver that can be fundamental in situations of family or asset complexity. However, this same nature can lead to interpretative controversies if the instructions are not sufficiently clear or if disputes arise between the heirs and the fiduciary.
It is important to highlight that, although the fiduciary plays a crucial role, their actions are subject to legal limits and can be challenged in court if they exceed their powers. Aragonese jurisprudence, such as STS Aragón 45/2024, has clarified that the fiduciary's actions must always be guided by good faith and in accordance with the express will of the testator.
The Joint Will between Spouses
The joint will is a unique figure of Aragonese Foral Law that allows two people, generally spouses, to jointly grant their last will provisions in a single document. This possibility, outlined in Article 431 of the CDFA, offers a common view of the destination of the estate's assets, which can simplify succession planning.
The peculiarity of the joint will lies in the fact that it not only encompasses the wills of both testators but may also include clauses of reciprocity or conditionality, implying that the validity of certain provisions depends on the death of the other spouse. This interdependence can be advantageous to ensure the coherence of the succession plan, but it can also generate conflicts in the event of changes in personal circumstances, such as divorce or separation.
In situations of breakdown of cohabitation, doctrine and jurisprudence have extensively debated the possibility of unilaterally revoking the joint will, making the joint interpretation of the testamentary provisions and the personal circumstances of the testators at the time of the breakdown crucial.
Differences with the Castilian System
The Aragonese succession system presents notable differences compared to the common or Castilian system, especially regarding the fiducia succession and the joint will. In common Civil Law, the fiducia is not contemplated in the same way, limiting the possibilities of personal trust in the administration of the estate.
Furthermore, the joint will has no direct equivalent in the Castilian system, where each spouse must grant their will separately, without the possibility of cross-conditional clauses. This difference reflects a distinct succession philosophy, more individualistic in the Castilian case.
These differences are not merely theoretical but have significant practical implications. Professionals advising on successions in Aragon must be attentive to these particularities and the opportunities they offer for a succession planning more tailored to family needs.
Frequent Practical and Litigious Aspects
In our experience, one of the most frequent litigious aspects surrounding the fiducia succession and the joint will in Aragon is the interpretation of fiduciary clauses and joint provisions. Clarity and precision in the drafting of these provisions are crucial to avoid judicial challenges.
The breakdown of cohabitation between testator spouses poses specific challenges, as it may lead to the need to reinterpret or even revoke joint provisions. Recent jurisprudence has emphasized the importance of evaluating the original intentions of the testators in the context of their relationship and subsequent changes.
We recommend that legal professionals advise their clients on the possibility of including safeguard clauses in joint wills to foresee and mitigate the effects of a breakdown of cohabitation. These clauses may include conditions for the automatic revocation of certain provisions in the event of separation or divorce.
- Ensure clarity in the drafting of fiduciary clauses.
- Include safeguard clauses in joint wills.
- Advise on the periodic review of testamentary provisions.
In conclusion, the fiducia succession and the joint will are powerful tools within Aragonese Civil Law that, if well managed, can provide personalized and effective succession solutions. However, their correct implementation requires a deep understanding of their regulations and careful planning. Tools like LexPartis can be invaluable for professionals, helping to manage these processes with greater rigor and efficiency, ensuring that the wishes of the testators are respected and executed with precision.