Succession agreements in Catalonia
Catalonia has a tool the Spanish common regime prohibits: agreeing a succession during lifetime, on a binding basis. It is underused and solves problems a will cannot.
How it differs from a will
It is a contract in a public deed in which the deceased-to-be orders their succession together with other parties.
The decisive difference is revocability. A will is revocable at will — it can be changed the next day without telling anyone. A succession agreement binds, and can only be varied in the cases the law provides or by agreement of those who made it.
Types
It may contain institutions of heir, appointing an heir on a binding basis, and particular attributions, assigning specific assets to specific people.
Particular attributions may take effect immediately, transferring the asset during the lifetime of the person making it.
When it genuinely helps
The family business: it fixes who continues, with what compensation to the others, and with the certainty that it will not be changed. The blended family: it balances children from different relationships with a firm agreement. And care of elderly parents: it formalises what the carer will receive, instead of leaving it to a verbal promise.
It can also carry waivers of the reserved share, which under Catalan law are valid during lifetime by this route.
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About this guide.
Can a succession agreement be revoked?+
Not freely, and that is precisely its value. It can only be varied or terminated by agreement of the parties or in the cases the law provides, such as serious breach of the agreed obligations.