Inheritance rights of the insolvent party (statutory share 8.33% and lifetime usufruct of 25%)

This lot consists of the inheritance rights corresponding to the insolvent party, arising from two different inheritances, currently pending partition.

 

1. Statutory share right in the father’s estate (Value €6,150):

 

Right to the statutory share corresponding to the insolvent party in her father’s estate, consisting of a participation of 8.33% of the total hereditary estate.

 

Current status:

 

The inheritance partition had not been carried out as of the inventory date, as a result of conflicts among the heirs. The purchaser of this lot is subrogated into the insolvent party’s position for the exercise and collection of said right, assuming the incidents of the partition process.

 

Aspects to consider:

The right is pending liquidation and formal award.

Discrepancies may exist in the final valuation of the hereditary estate until the partition is carried out.

2. Usufruct right in the spouse’s estate (Value: €7,500):

Right to the lifetime usufruct of 25% over the inheritance of the insolvent party’s husband, recognized to the surviving spouse in accordance with the applicable regulations.

 

Underlying asset:

 

The hereditary assets essentially consist of a dwelling located at Rúa San Roque, no. 24, 36860 Ponteareas (Pontevedra), with cadastral reference 36042A022000020000DT, whose estimated value amounts to €250,000.

 

The following rights apply to said dwelling:

 

The deceased husband held 50% ownership of the dwelling.

On that portion, the husband’s mother holds a 25% usufruct.

The insolvent party’s usufruct right therefore amounts to 9.375% of the total value of the property.

Current status:

 

The inheritance partition had not been carried out as of the inventory date. The Insolvency Administration warns that, in a liquidation scenario, the value of the usufruct would tend toward €0, given the difficulty of realizing this type of limited real right over an asset without prior award.

 

Valuation note:

 

In accordance with the rules of the Inheritance and Gift Tax, the theoretical value of the usufruct would amount to €80,000. However, the Insolvency Administration has valued it at €7,500, taking into account the circumstances involved.