The recent and sudden death of Rosalía Mera has prompted the publication of several articles on the future succession of the Inditex group of companies. Not forgetting the not inconsiderable patrimony relicted by Mrs. Mera. In the light of what I have read, I dare to write some reflections which, obviously, have nothing to do with the effective succession planning of the aforementioned Group.

The recent and sudden death of Rosalía Mera has led to the publication of several articles on the future succession of the Inditex group of companies. Not forgetting the not inconsiderable patrimony relicted by Ms. Mera. In the light of what I have read, I dare to write some reflections which, obviously, have nothing to do with the effective succession planning of the aforementioned Group, which by now is more than clear. I simply wish to highlight the confluence of Galician law, to which Mr A. is notoriously subject, as he possesses the nomen, tractatus, fame, the said civil neighbourhood, with some relevant rules of international law, as it is logical that at least part of the companies, especially holding companies, should be domiciled in different States, EU or otherwise. Not forgetting the extraordinary value of their trademarks. The existence of protocol acts seems improbable, which the handicap of one of the legitimated beneficiaries would have made considerably more difficult, and the existence of random agreements to advance the legitimate share -apartments that exclude the future legitimate share of able-bodied children of legal age in Galician law- is unknown. However, the decision to externalise and professionalise the administration of all the companies during the lifetime of the founder can be considered very wise.

Succession in family businesses very often presents the added difficulty of involving relatives in management, presuming in them what only rarely happens: an adequate vision and leadership capacity. Therefore, the question of Mr. A.'s succession is limited to the asset aspect, which is certainly diversified, at least partially, in different investment instruments, based in different States. Therefore, if we confine ourselves to theory, we will see some of the peculiarities of Galician inheritance law for complex business assets. With certain subsequent modifications, Galician civil law is integrated by Law 2/2006, of 14 June. Subjectively, it applies - in an orthodox form, which clashes with that chosen by the Catalan Civil Code - to persons who have or maintain Galician civil status and territorially, it will be effective in the territory of the Autonomous Community of Galicia, without prejudice to the preferential provisions of inter-regional or private international law.

According to Article 9.8 of the Civil Code still in force, succession mortis causa is governed by the nationality of the deceased. Within Spanish law, by the law corresponding to the civil neighbourhood of the deceased. Following the entry into force of EU Regulation 650/2012, in August 2015, nationality is simply replaced by habitual residence for the entire estate relicted by the deceased, insofar as the provisions of the States of inter-regional law will be respected. The first singularity to be observed, in addition to the aforementioned random inheritance pact that excludes the future reserved portion, is that in the Galician system the strict reserved portion is not a third of the inheritance but a quarter of it. In the system of the Civil Code, two thirds go to children and descendants, and the third of improvement can be freely distributed among them. In Galician law, the legitimate share is lower: 25 per cent, and not 33.33 per cent of the estate as established in common law. The legitimate share of the widowed spouse is also limited to a quarter of the estate, in usufruct and not to a third. But the most notable special feature of the Galician reserved portion consists in the nature of this mandatory right: contrary to the general rule, it is not of a strong nature, susceptible to real action, but merely obligatory or personal, which limits the inheritance claim to the supplement to the reserved portion.

The legitimated beneficiary who considers that the quantum of his entitlement has been violated may, within fifteen years following the death of the deceased, demand payment, after the notarial formalisation of an inventory. It allows the preventive annotation of his right on the properties that appear in the Land Register in the name of the deceased. Peccata minuta. Amongst other possibilities, the payment of the legal interest on the legitimate share is foreseen as from the claim, after one year has elapsed. Obviously, this should be understood as from the determination of its amount. It also provides for a commissioner, in our case, not likely, and a testamentary or devisee accountant, without prejudice to the direct powers of the heir. It is true that the design of dispositions mortis causa always involves a tailor-made suit, even more so when there is an estate of the complexity assumed for the textile group. But we can make some reflections on the basis of the above. Firstly, that the almost complete relief from inheritance tax and the limitation of the rights of succession allow entrepreneurs subject to Galician law to optimise the unity of their companies' assets. Secondly, that clauses in the articles of association - in Spanish companies - for the succession mortis causa of company shares that directly provide for the destination of these shares, which are freely configurable when they refer to beneficiaries included in the categories of group companies or direct relatives, are outside the scope of inheritance law. For this purpose, coordination - in the absence of a family protocol or in execution of such a protocol - between testamentary dispositions and statutory clauses is highly desirable, especially in anticipation of the regulation of the hereditary community or for the establishment of an administrator of the inheritance for a period of time or of a representative of possible condominiums, for example, in the second and third generation.

Since 17 August 2015, as mentioned above, Regulation (EU) 650/2012 will be applicable to inheritances in which there is an element of assets outside Spain, which links the applicable law and jurisdiction, referring both to the place of habitual residence of the deceased in the integrity of his assets and interests in any country. Spain is not a party to the 1985 Hague Convention on Trust Recognition, which aggravates the situation of assets abroad. Of particular relevance among the provisions of the Community instrument is Article 30, relating to successions of assets subject to special considerations that could make a law other than Galician law applicable to business elements of specific interest in another country, even a third country, other than the one competent for the succession of the businessman. Finally, it is important to bear in mind the law on asset protection for people with disabilities, of general application throughout Spain, which, although short in its objectives and actions, allows interaction with the inheritance system under examination.

Of particular relevance is Article 30, relating to successions of assets subject to special considerations that could make a law other than Galician law applicable, with respect to business elements of specific interest in another country, even a third country, other than the one competent for the succession of the entrepreneur.