A legacy<\/strong> is a testamentary provision by which the testator grants a person \u2014the legatee<\/strong>\u2014 one or more specific assets or rights from their estate, without making that person an heir.<\/p>\n Unlike an heir, who succeeds to the whole estate or to a share of it and is liable for inheritance debts, the legatee receives a specific benefit and, as a general rule, is not liable for the charges of the estate.<\/p>\n <\/p>\n <\/p>\n Legacies are regulated in Articles 858 to 891 of the Spanish Civil Code<\/strong>. Article 858 of the Civil Code provides that the testator may charge not only the heir with legacies, but also the legatees, who will only be liable for the charge up to the value of what they have received.<\/p>\n For a legacy to be valid, it must be included in a will and, in principle, the asset bequeathed must belong to the deceased at the time of death.<\/p>\n <\/p>\n There are different types of legacy, depending on the nature of the asset or right granted to the legatee:<\/p>\n <\/p>\n The testator cannot freely dispose of the entire estate through legacies. The forced heirship share<\/strong> of the forced heirs \u2014such as descendants, ascendants and the spouse\u2014 must be respected.<\/p>\n If the legacies infringe the forced heirship share, they may be reduced to the extent necessary to protect it, in accordance with Articles 817 and 820 of the Spanish Civil Code.<\/p>\n <\/p>\n The legatee may accept or renounce the legacy, but cannot accept one part and reject another, in accordance with Article 889 of the Civil Code.<\/p>\n Although the legatee acquires ownership of the bequeathed item from the death of the deceased, they must request its delivery from the heir or from the executor authorised to deliver it, in accordance with Article 885 of the Civil Code, and may not take possession of it on their own authority.<\/p>\n <\/p>\nContents<\/h2>\n
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Legal regulation<\/h2>\n
Types of legacy<\/h2>\n
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Limits: the forced heirship share<\/h2>\n
Acceptance and delivery<\/h2>\n
Related links<\/h2>\n