LA SUCESIÓN TESTADA EN LA LEY 2/2006, DE 14 DE JUNIO, DE DERECHO CIVIL DE GALICIA.

Abstract

This article is an exploration of the legal framework for testamentary succession under Act 2/2006 of 14 June of Galicia on Civil Law. The new act significantly modified testamentary institutions already regulated in Galician civil law, such as the joint will (A will can be executed by two or more persons, without any subjective link between said persons, without prejudice of the establishment of specific consequences in the case where the testators are spouses or de-facto living partners). At the same time the new act recognised that, through a will by deputy, an authentic delegation of testamentary power is made, to an extent beyond the mere delegation of the faculty to improve, which is stated (under the same name) in the repealed Act of 1995. A series of common provisions is also incorporated on testamentary succession (concerning the language in which notarial wills are written, the role of attesting witnesses in the will-making process) and on the regulation of what are termed «special testamentary provisions »: nullity of a provision made in the favour of an indeterminate person, loss of the supervening efficacy of a provision made in the favour of a spouse in cases of separation, divorce and marriage annulment, regulation of a provision made in the favour of the testator's caregiver on the condition of caring for and assisting the testator, likewise specific terms for events where community property is disposed of. All these rules are analysed and subjected to the necessary contrast with opinions drawn from doctrine and case law issued in the interpretation and application of the correlative codicil rules.