Inheritance Laws in Equatorial Guinea
Inheritance laws in Equatorial Guinea are governed by civil law, influenced by both Spanish law (as the country was once a Spanish colony) and some traditional practices. In cases of inheritance, the laws differentiate between testate succession (inheritance according to a will) and intestate succession (inheritance when no will exists). In addition, the law sets out the rights of family members and the process of distributing the deceased’s estate.
1. Testate Succession (Inheritance According to a Will)
Testate succession occurs when a person dies leaving a valid will. In Equatorial Guinea, a will must meet specific legal requirements to be considered valid.
Types of Wills:
- Notarial Will (Public Will): A will that is drawn up in the presence of a notary public and witnesses. This is the most formal and legally secure type of will.
- Holographic Will: A will written entirely by the deceased, without the involvement of a notary. The testator must sign and date this type of will.
- Oral Will: This is only allowed in extreme situations, such as when the testator is in imminent danger and unable to write a will. It must be witnessed by several people.
Testamentary Freedom:
While the testator can freely choose to whom they wish to leave their estate, forced heirship rules still apply in Equatorial Guinea. This means that certain family members, especially children and spouses, have the right to inherit a portion of the estate, regardless of the deceased's wishes.
2. Intestate Succession (Inheritance Without a Will)
If a person dies without a valid will, the estate is distributed according to Equatorial Guinea’s Civil Code, which follows a clear system of intestate succession. The Civil Code dictates the order in which heirs inherit the estate.
Order of Succession:
Descendants (Children):
- The first to inherit are the children of the deceased. If there are multiple children, the estate is divided equally among them.
- If the deceased has no children, the estate may be passed to other relatives.
Spouse:
- The surviving spouse is entitled to inherit a portion of the estate, though the specific share will depend on whether there are children or other family members.
- If there are children, the spouse usually receives one-third of the estate, and the rest is divided equally among the children.
- If there are no children, the spouse may inherit half of the estate.
Parents:
- If there are no children or surviving spouse, the parents of the deceased are the next in line to inherit. The estate is usually split between the mother and father.
Siblings:
- If there are no children, spouse, or parents, the deceased’s siblings are the next group of potential heirs. If there are multiple siblings, the estate will be divided equally among them.
Extended Family:
- If there are no direct descendants (children) or spouse, more distant relatives (such as uncles, aunts, or grandparents) may inherit.
- The distribution will depend on the closest surviving relatives.
State:
- If no heirs can be identified or if the heirs renounce their inheritance, the estate may be passed to the state.
3. Forced Heirship
Equatorial Guinea follows the forced heirship principle, which means that certain family members must be granted a share of the estate, even if the deceased wishes otherwise. This principle ensures that children and spouses have the right to inherit a portion of the estate.
- Children are generally entitled to inherit a fixed portion of the estate, typically a one-third share (if there are multiple children, the estate is divided equally among them).
- Spouse: The surviving spouse is also entitled to a share of the estate. If there are children, the spouse typically inherits one-third of the estate. If there are no children, the spouse can inherit half of the estate.
This means that the deceased cannot completely disinherit their children or spouse, and a certain portion of the estate must be allocated to them, even if a will exists stating otherwise.
4. Inheritance Procedure
The process of handling the inheritance in Equatorial Guinea involves several steps:
Probate: If the deceased left a will, the first step is for the probate court to review and validate the will. If there is no will, the estate will be distributed according to the laws of intestate succession.
Estate Inventory and Debts: Before distributing assets, an inventory of the deceased’s assets (property, money, etc.) is made. Any outstanding debts or liabilities must be paid from the estate before it can be divided among heirs.
Division of Assets: Once debts are settled, the estate is divided according to the Civil Code (for intestate succession) or according to the will (for testate succession).
Issuance of Inheritance Certificate: After the inheritance is divided, an inheritance certificate may be issued to the heirs, confirming their legal right to the deceased’s assets.
Transfer of Property: Real estate and property ownership must be transferred through the Public Registry to ensure that the inheritance is legally recognized.
5. Inheritance Taxes
Currently, Equatorial Guinea does not impose inheritance taxes on the transfer of estates. However, registration fees or administrative charges may apply when transferring property or registering the estate.
6. Inheritance of Foreign Nationals
Foreign nationals living in Equatorial Guinea or owning property there are subject to Equatorial Guinean inheritance laws for their assets located in the country. The distribution of their estate follows the same rules as for locals, but it may also be subject to international treaties or the law of their home country in some cases.
If the deceased foreign national had assets in multiple countries, the estate may need to be administered according to the inheritance laws of each country where property is located.
7. Disputes and Legal Challenges
Disputes may arise regarding the validity of a will or the distribution of the estate, especially if there are multiple heirs with conflicting interests. In such cases, the matter will be handled by the civil courts.
- Challenges to a will: If an heir believes that a will is invalid due to lack of formalities or undue influence, they can challenge it in court.
- Disagreements over inheritance: Heirs may also disagree on how the estate is divided, especially if there are no clear instructions or if forced heirship rules are not respected.
The courts will resolve disputes based on Equatorial Guinea’s Civil Code and ensure that the inheritance process is carried out according to the law.
Conclusion
Inheritance laws in Equatorial Guinea are governed by the Civil Code, which provides for both testate and intestate succession. The legal system ensures that certain family members, including children and spouses, have forced heirship rights to a portion of the estate. The inheritance procedure involves the probate process, the settlement of debts, and the distribution of assets according to the law or the deceased's will. While there is no inheritance tax, there may be fees related to the transfer of property. Disputes can be resolved through the courts, and foreign nationals' estates are subject to the same rules as locals for assets in the country.
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