The Spanish Legal System For Protecting The Estates Of Disabled People (Critical Analysis Of Law 41/2003Of 18 November)

Abstract

This paper is intended to offer a critical analysis of Law 41/2003 on the Protection of Disabled Persons’ Estates. The law introduces institutions not previously regulated in the Spanish legal system: protected estate, support contracts and self-guardianship. This ground-breaking law in Europe also provides major reforms in the rules on inheritance, significantly affecting the statutory legacy system regulated by the Spanish Civil Code. Rising life expectancy, more prevalent degenerative diseases and the need to provide for disabled people’s future needs on the death of their parents or guardians are key factors justifying the regulation of these concepts. This study analyzes the new provisions, highlighting their most interesting aspects and the difficulties involved in implementing them.