What are allocations in inheritance law?

First, we must understand that succession upon death is the only way to acquire an indeterminate universality, that is, all the assets, rights, and obligations that make up the heritage of the deceased person. Likewise, it must be taken into account that Article 1750 of the Civil Code expressly prohibits the transfer, for valuable consideration, of an indeterminate universality.

Article 995 defines assignments upon death as those made by a will or by law to give effect to the succession of the transferable assets, rights, and obligations of the deceased. Assignments are an essential part of the distribution of the  heritage. These assignments may be, as mentioned, of two types:

1. Singular assignments.
2. Universal assignments.

Singular assignments or legacies

These occur when the deceased, through a will, disposes of a specific and individualized part of their estate, which is to be given to the beneficiary, who in this case is called a legatee. They arise only by will, never by operation of law.

Universal assignment

Through this, an indeterminate whole is assigned to a successor, which may include the entirety or a share of the deceased’s heritage. This type of assignment can occur by will and also by operation of law, in the absence of a will.

Let us remember: the deceased person is called the “causante,” whose succession opens precisely at the moment of death. The person who benefits from an assignment is generally called an “assignee” (asignatario). In turn, when the assignment is universal, the recipient is called an heir; and when it is singular, as indicated, they are called a legatee.

Thus, an assignee by universal title has the right to the entire heritage or a portion of it, in proportion to their share, while a legatee has the right to what has been specifically assigned to them in the will.

Making this distinction, together with other basic conceptual aspects, is essential for succession upon death to proceed without major complications.

At Quevedo & Ponce, we have experience in inheritance law, providing technical advice and comprehensive support to effectively our clients’ rights.