The influence of family law on the position of the surviving spouse in the order of heirs for ab intestato inheritance: historic evolution

Abstract

This study, laying aside any generic pretensions, limits itself exclusively to the analysis of a very specific, but immensely revealing topic, which is the influence and the repercussion of family law on the order of heirs, established in law for the circumstances of ab intestato inheritance. All of it, from Roman law on inheritance with no will up until more recent legislation in Spanish law, both in common and ‘foral’ or regional law. With a number of ups and downs, the situation of the surviving spouse or partner in a stable couple union has been improving (“moving up the social order”) in a progressive way, to the point where in the most recent legislation its position in the order precedes the ascendants of the deceased and is placed immediately after the descendents. We therefore have a very evident case of how the evolution of family law, in conceptual terms, directly impacts on inheritance law..