In this blog of Mercury Lawyers in Marbella we will focus on subsequent law of the widow spouse.

First of all, we must mention who does not consider as a spouse:

The divorced spouse. 

The spouse legally or “de facto” separated. But if reconciliation between the separated spouses had been notified to the Court that knew of the separation or to the Public Notary that granted the public deed of separation, the survivor will retain their rights.

The marriage declared null, except if the nullity is subsequent to the death and the survivor had acted in good faith.

The rank in the succession of the spouse

Regarding the rank in the succession of the spouse, the Spanish Civil Code establishes an order of who are the forced heirs. In this way, in the first place, children and descendants inherit from their parents and ancestors. Secondly, in the absence of the above, parents and ancestors regarding their children and descendants. And thirdly, in the absence of all of the above, the widower or widow will be the sole heir.

However, the spouse who attends jointly with the children or descendants will be entitled to the usufruct of the third destined to improvement. And if there are no descendants, but there are ascendants, the surviving spouse will be entitled to the usufruct of half of the inheritance.

The usufruct is the right of use and enjoyment of an asset with the obligation to preserve its form and substance