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Under the Spanish Civil Code, the testator is obliged to preserve a substantial part of his estate for the benefit of some members of his family, who are moreover entitled to receive their forced share in assets belonging to the inheritance. This regulation may generate important difficulties in order to keep the unity and continuity of the business after the owner’s death. However, the law provides different mechanisms that may be used for an efficient planning of the succession, thus avoiding the division of the business or the necessity to sell it. One of the most important of these mechanisms is the possibility to stipulate, in certain cases and subject to specific requirements, that some of the forced heirs shall receive their share in money or assets which do not belong to the testator’s estate.

El pago de las legítimas en dinero: un instrumento para planificar la sucesión en la Empresa Familiar