Conflict Uncoordination and the Autonomy of the Will as Catalysts of Situations of Inadequacy in the Inheritance Regime of the Surviving Spouse

Abstract

This article analyzes two of the various factors that may give rise to eventual misalignments or material injustices in the determination of the inheritance rights of the surviving spouse. The first of these is the lack of coordination in the conflictual solutions provided for in the European Regulations on inheritance and the economic regime of marriage. At this point, we are aware of the limited coverage that a conflictual simplification can provide in such a determination, due to the incidence of diversity of factors that can lead to situations of maladjustment, even existing coordination. However, we consider it appropriate that this void or omission be rectified in future modifications since it constitutes an important element of containment that can reduce the impact derived from the simultaneous application of two or more different laws to such closely related material areas. The second factor analyzed is the exercise of the autonomy of the will and its impact on material mismatches or incompatibilities in the inheritance rights of the surviving spouse. This is an issue to bear in mind, if we take as a starting point the different scope with which such possibility has been designed in the respective Regulations, as well as the incidence of some elements of randomness and unpredictability in the wealth distribution of the surviving spouse. In this sense, we emphasize the need for an informed choice and the flexibility of the autonomy of the will in matters of succession.