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[POLITICS] · Luxembourg, Spain · 2 sources

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Legal rights regarding child custody and inheritance regulations

In Luxembourg, legal guidelines clarify the rights of children during parental separation or divorce. While children cannot choose their place of residence independently, their opinions are considered by judges based on their age. Children under 10 have their views heard, while those 16 and older carry significant weight in decision-making. Legal avenues for children to express their preferences include writing to a judge, requesting a free lawyer, or including their views in divorce agreements. Possible living arrangements include residing with one parent, alternating residence, or staying with other relatives in exceptional cases.

In Spain, data regarding the Solidarité aux Personnes Âgées (ASPA) shows that only a small number of families were required to reimburse the allowance from an inheritance in 2024. The recovery of these funds occurs from the net estate of a deceased beneficiary. However, high exemption thresholds protect most heirs; if the net assets remain below the official threshold—currently set at over 100,000 euros—no reimbursement is required. Recent increases in these legal thresholds have led to a decrease in the number of recovery cases.