Intestate inheritance: What happens when there is no will?

Yesterday afternoon, Meritxell Gabarró participated in L’Altaveu, where they discussed the inheritance of Mayra Gómez Kemp, the iconic host of Un, dos, tres…. Although she had made a will, her case highlights the importance of planning one’s succession. Thanks to having a will, Mayra’s heirs were her stepdaughters and not her sisters, with whom she had a strained relationship. Under intestate succession law, her sisters would have been the legal beneficiaries, as she had no children, parents, or spouse—following the Spanish Civil Code’s order of succession, applicable in this case. Furthermore, since a will was in place, her sisters had no right to the forced heirship portion, which is reserved for children or grandchildren, or in their absence, for ascendants (parents).

Intestate inheritance occurs when a person dies without a will. In such cases, Catalan law determines the heirs in the following order: descendants, spouse or registered partner, ascendants, and collateral relatives up to the fourth degree, meaning first cousins. If none of these relatives exist, the Government of Catalonia becomes the heir.

Making a will is a simple, affordable act that ensures your assets go to those you truly wish, rather than those determined by law.