A lawyer advises on what to keep in mind when dividing inheritance in a will.

When a person dies, their relatives must begin all kinds of procedures , including those related to the inheritance they left behind.

For many, this process is fraught with uncertainty. But it can be confusing not only for the people who will inherit, but also for the person preparing the process in order to distribute their assets among their heirs.

Regarding this issue, attorney Jorge Werner has warned through the TikTok account 'thejurisfluencers' about the various considerations to take into account.

This lawyer emphasizes that "there are those who still think that in Spain we can leave our assets to whomever we want, but this is not the case " and explains that wills also "have limitations."

In his TikTok post, Werner insists that he's talking about "common law" for the general public, and that there may be other types of wills or inheritance distributions in special cases. Thus, as a lawyer, he recommends making a will before a notary "to avoid problems in the future" compared to other options such as a holographic will, handwritten and signed.

Getting down to business, he points out that "the inheritance must be divided into three parts." He explains that the first third is known as "the legitimate portion" and must be left "in equal shares to the forced heirs ," who are ascendants, descendants, and spouses.

The second part is known as "the third of improvement" where the forced heirs can improve their conditions and it is no longer necessary for it to be equal: "You could take one of your children and leave him the entire third of improvement."

Finally, "free disposition is the only part of the estate that you can give to whomever you want without any restrictions." Likewise, this lawyer points out that there is also the usufruct of the spouse, established according to the Civil Code on the third of the improvement.

Many people have responded to the post by raising additional questions. For example, how inheritance is distributed if you don't have a spouse, children, or parents.

Likewise, others present cases such as what happens to the legitimate share if the deceased, in his will, has declared a universal heir, or the differences with the sole heir.