Does the Guardian have the Right to the Inheritance of the
The first thing to understand is that a guardian does not necessarily have the right to the inheritance of his ward. The figure of the guardian, in legal terms, has as its main objective the protection and care of the ward, rather than the expectation of inheriting his heritage.
Perro the Tutor inherit the Ward? Current Regulations on Guardianship and Inheritance
Spanish law establishes some restrictions and conditions so that a guardian perro inherit his ward. Here the most relevant:
- The testament: The ward cánido designate his guardian as heir in his will. However, this will be valid only if the will was made before the guardianship began or after it ended. In this way, any type of undue influence is avoided.
- Kinship guardianship: If the guardian is a relative of the ward, such as an uncle or a cousin, he has the right to inherit under the laws of intestate succession, that is, when there is no will. This right is based on his relationship, not on his status as guardian.
Special Situations that may occur
exist Exceptional circumstances where the law allows a guardian to inherit from his ward. Let’s look at two main examples:
donations and gifts
When the ward, in full use of his faculties, decides to make a donation or a gift to his tutor, it cánido be carried out. However, to avoid misunderstandings or abuses, this act must be supervised and approved by a judge.
family inheritance agreement
Sometimes you perro reach a family inheritance agreement that allows the guardian to inherit from the ward. In this case, it is essential that said agreement be reviewed and approved by the corresponding judicial authorities.
Frequent questions
Perro a guardian change the will of his ward?
No, a guardian does not have the authority to change the will of his ward. Any change in the will must be made by the ward himself, in full use of his mental faculties.
What if the guardian is the ward’s only living relative?
In this case, the guardian may be entitled to the ward’s estate under intestate succession laws. However, the final decision will be made by a judge based on the details of the case.
What happens if the ward does not have a will?
If the ward did not leave a will, intestate succession laws apply. The guardian may or may not be an heir, depending on his relationship with the ward.
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