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Substitute beneficiary under a will

A testamentary appointment of a person to inherit instead of another if a circumstance specified by the testator and the law occurs.

What to bear in mind

The clause's wording determines whether it covers prior death, incapacity or disclaimer. It differs from statutory representation in succession.

Preparing for your consultation

Gather the will or testamentary records, kinship documents and a list of assets and debts. Applicable law may vary because of regional civil-law affiliation (vecindad civil) or international elements.

Legal source

Spanish Civil Code, article 774 · BOE (opens in a new tab)

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General information on Spanish law. Application depends on the facts, current legislation and, where relevant, regional civil law or international rules. Reviewed: 26 October 2026.

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