The important modification proposed in the Spanish successor right the draft law of reform of civil and procedural legislation on disability

Abstract

One of the historical principles of Spanish inheritance law is the quantitative intangibility of the strict legitimate. However, back in 2003 the Spanish legislator introduced a first possibility of violating this principle through the special trustee that the testator could establish in favor of disabled children or descendants. Instead, the recent Draft Law reforming the Civil and Procedural Legislation on disability, propose something much more important: 1.º. That is recorder for the first time in our legal system that said trustee substitution will be waste, although with the limitation that the fiduciary cannot dispose of mortis causa, nor free inter vivos. 2.º. That those parents who have a child who is in a physical or psychic situation that prevents them form developing autonomously can freely decide how to dispose of a third of legitimate to protect him, therefore not being limited to the use of the replacement for it.