Impact of law 8/2021 on persons with disabilities in the field of testamentary succession

Abstract

Law 8/2021 on support for people with disabilities in the exercise of their legal capacity reforms civil and procedural legislation in many aspects, including inheritance law, in matters such as testamentary succession, where they are reformed in depth some precepts of the Civil Code related to the capacity to test, the judgment of capacity carried out by the notary, the passive testamentary capacity, the unworthiness to succeed and hereditary substitutions; in other precepts, the modification affects testamentary solemnities in order to facilitate their granting to people with disabilities; finally, other modifications result in terminological adaptations in accordance with the spirit and tenor of the 2006 New York Convention, which are reflected in Law 8/2021.