Politics Economy Country 2026-01-01T13:18:29+00:00

Mutual Wills: Why They Might Not Work

An expert explains why a mutual will between partners may not yield the desired result and what legal alternatives exist for passing on an inheritance.


Mutual Wills: Why They Might Not Work

This is why many people sign what is known as a 'mutual will', which in practice may not yield the expected result. Laura Lobo, lawyer: 'If there is a bachelor in the family, it is assumed that his nephews will inherit, but this is not always the case.' Therefore, we must study the available alternatives to understand the future of our assets when we are no longer here. But when the time for inheritance comes, when death occurs and the will is opened, the surprise is huge,' the expert explains in the video. Inheritance for our partners The legal expert explains that, if opting for this measure, the deceased's partner does not become the owner of their assets, but rather receives the usufruct, that is, the right to use them. However, there are alternatives to truly pass on our possessions to whomever we really wish to see them. 'If you truly want your partner to inherit something in full ownership and not just in use, you must expressly state it in the will. There is a part of your inheritance that the law allows you to leave freely, which is called the 'Third of Free Disposition.' 'It is the part of your inheritance that you can bequeath to whomever you want without harming the rights of the children,' the lawyer explains in the video. This express wish grants our partner full ownership of this percentage of our assets, so there will be no limitations that we would find if we chose the previous option. This means that while they can use them, they cannot freely dispose of them or sell them. The true ownership becomes part of the forced heirs, who in most cases are the children. In this life, we all eventually come to the time to depart. And as we know well, there are many assets we leave behind after our death. When a person's descendants are not direct, there are many doubts about who their assets belong to after their death. Lawyer Manuel Requena has recently published a post on Instagram to shed some light on this issue.

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