Q&A Solidary Testament | WWF España

 

Have any doubt on how to make your Solidary Testament? Let us help you!

In this section we’ve included the common questions that those of you who are interested in leaving your heritage or your Solidary Testament to WWF Spain ask most to yourselves.

However, maybe you want information that’s not included here. If that’s your case, please fill up this form or contact us. We’ll be looking forward to helping you.

 

What’s the difference between Legacy and Inheritance?

A legacy is a estate -testate succession – by way of universality, implying that the beneficiary- in this case the Asociación para La Defensa de la Naturaleza, WWF/Adena- only gets what the benefactor- testator- had already deliberately stipulated – goods, money,…-but is not responsible for the benefactor’s possible debt .

An inheritance is an estate by a way of universal succession, this implies that the heir acquires all – or just a portion- of the testator’s goods, rights and obligations.

By ordinary law, both of the estates are compatible.

Why is it recommendable to make a testament?

Making a testament is the way of planning what will happen with your goods when you’re not here anymore. Usually there’s preference, so there’s utility in stating them in order to be implemented.

Creating a testament is a fast, simple and economical procedure that states and eases the acquisition of your assets by your loved ones when the time comes.

Making a testament allows you to collaborate with the objectives that you care, being solidary helping those in need, for example, protecting nature through a Legacy or Inheritance in favor of the Asociación para la Defensa de la Naturaleza, WWF/Adena.

The Testament is only valid when making a declaration before a notary?

There’s several testament types. All of them are valid if they gather the legal requirements properly.

The most recommendable option due to its simplicity and safety is the open will before a notary. Is the only method that guarantees full understanding –makes a record in the Register of Wills; efficiency – because of its legal counseling within its writing, invalidity is avoided; and security- safe-kept by the notary. That’s why it’s the most common.

Nevertheless, the choice of the way to stipulate your goods depends only of your personal circumstances.

If I change my mind, can the testament be changed?

Yes, you can always change it.

The testament is essentially a revocable act, it can vary as many times as your circumstances do or as much as you want it. The only one that has validity is the last one you granted.-being this document the only one that will be known of.

How much does the testament costs?

The cost of it depends on the chosen option.

The holographic will –written, dated and signed by the testator-there’s no cost on writing it down. However it’s not very recommendable due to its disadvantages: lacking guarantees – it may be end up as unknown as there’s no recollection of its existence; its strict requirements may be failed to be carried out, because of misinformation on its formalities, many end up being invalid; …

The open will before a notary, as we said, is the one that gives more guarantees

The price is set up by the notary fee legally approved. Nowadays it may round the 40 €-as long as it doesn’t take longer than two pages (which sums up as the majority of them) – for each testament.

How does an inheritance get distributed? 

The wills that are carried out in Spain are subjected to the Spanish law- common or regional, depending on the benefactor’s neighborhood at the time of its passing.

If there’s a will, the inheritance is distributed as the testator stipulated, but there’s limitations, the so called heirs at law-spouse, descendants and ancestors- who must get a portion.

When there’s no testament, depending on the rights of inheritance, usually the closest of the relatives are the ones whom are called upon this right -up to the third degree of consanguinity -and the spouse and, when there’s none of them the right of inheritances goes to: The State , la Generalitat de Cataluña, Diputación Foral Vasca,… depending on the territory.

What’s an agreement as to succession?

It’s an agreement between several persons in order to decide the succession of one of them.

The content may vary. The main characteristic is that it can only be modified by the agreement of all of the grantors, if they’re alive, and the modification affects the rights granted by them.

In common law this covenant is only permitted in matrimonial property agreements.

Local Rights allows inheritance contracting, mainly for the conservation of family farms.

What’s an executor?

Is the designated authority selected by the testator in order for the testamentary dispositions to be carried out properly: handing legacies, paying debt…

The executor figure is voluntary and free, except for the expenses that may origin.

In case that I want to give a legacy to a nonprofit organization, am I able of doing it? Yes, as long as the organization is legally established. Asociación para la Defensa de la Naturaleza,WWF/Adena,  was established on July 30th  1968, is listed in the  National Associations Registry, to whom we report back annually about our activities .

What can I lend to Non-governmental Organizations?

You can give to a non-governmental organizations by a testament or solidary legacy the same way as other benefactors. This means, particular goods - the whole or a part- or money. The only limitation is that the amount - together with the rest of liberties - doesn’t exceed the free disposal portion. We’ve already talked about forced heirs.

Any contribution, small or big, whole or partial, is important. All of the donations give a message of solidarity towards future generations and contributes on changing the world the way we want.

Who’s in charge of notifying and giving my legacy to the organization when I’m not around anymore?

The executor if there’s one. Otherwise the heirs are the ones that are notifying the organization. Also the public notary that has knowledge of the passing is able of notifying.

Can I give to more than just one organization?

Yes, always that the sum of all of the liberties-- what’s stipulated for non-forced heirs-- doesn’t exceed the amount of the free disposition portion.

Are there organizations that are exempted from inheritance charges?

Yes, there’s several organizations that because of accomplishing some requirements – the percentage of its estate is destined to activities; gratuity of expenses, …- are subjected by the law of patronage-Ley49/2002, December 23rd, which regulates the tax status of non-profit organizations and the fiscal incentives to philanthropy- which implies that they are exempt of paying taxes for receiving an inheritance or legacy, and the benefactor- or its heirs- is able of discounting  a percentage of what’s been donated from its taxes.

WWF/Adena fulfils these requirements. 

 

Why including WWF/Adena on my will?

We only have one planet and its future depends on decisions like yours. We offer you some reasons that will boost your desire of protecting the planet through WWF/Adena:

We’re overexploiting natural resources to an unreliable speed. We need to act in order to reform our alimentary and energetic systems, and fulfil the world’s compromises for stopping climate change, protecting biodiversity and encouraging sustainable development.

The destruction of the ecosystem represents a risk not only to plants and animals that reside in the, but to human beings also. The ecosystems provide us with food, safe water, clean air, energy, medicine and leisure.


Expressed in figures,

  • Biodiversity has reduced itself an 58% in 40 years, in 2020 there’s a prediction of it increasing an 67%
  • We consume like there’s 1,6 planets Earth to our disposition. By2050 we’ll need the equivalent to 2,5 planets to supply ourselves.
  • The growing human pressure is diminishing the natural capital to a bigger velocity that it can be regenerated.
  • Agriculture occupies the 34% percent of Earth’s surface and consumes 69% of fresh water extractions.
  • A third part of produced food are thrown away.

WWF is the biggest independent organization dedicated to the defense of nature and environmental protection.

  • More than 60 years working to accomplish our mission.

  • Present in more than a 100 countries of 5 continents.

  • More than 5M associates throughout the world that trust us.

  • More than 30M followers in social media

What will WWF/Adena do with my legacy?

WWF/Adena will direct it entirely to the realization of projects in conservation camps in which we work: seas, continental waters, biodiversity, agriculture, climate change, …

Giving you an example we can say that:

  • With 3.000 € we plant a hectare of forest.

  • With 100.000 € we fund a guard team with a vehicle in one of the natural reserves for the Iberian lynx, gorillas, rhinos or giant pandas.

  • With 300.000 € we create a marine reserve that grants sustainable fishing for future generations.

Leave your legacy to nature and you’ll be leaving something to your loved ones

Bárbara Crespi is the one in charge of Major Donors and Inheritances and Legacies. If you need any information contact her through email (bcrespi@wwf.es) or by phone +34 91 354 0578

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