Inheritances
The death of a family member is usually a complicated situation, and in our office we have extensive experience in this type of situations and all the casuistry that can occur in these difficult moments.
We are aware that inheritances and wills involve complex situations on countless occasions, but our priority is to carry out the pertinent actions that guarantee the legitimate right of our clients to inherit what is rightfully theirs and to be beneficiaries of these situations.
Thanks to our knowledge in the field, we are prepared to help you and safeguard your interests.
As inheritance lawyers we will advise you:
- Before accepting the inheritance, reviewing and, if necessary, helping you to obtain all the necessary documentation for the management of the inheritance.
- Checking if there is a will or not, and in case there is not, preparing everything necessary for the declaration of heirs “ab intestato”.
- Preparing the inventory and drafting the partitional notebook.
- Preparation of deeds before a notary public and inheritance adjudication, and changes in the corresponding registries, if applicable.
- Preparing and filing the inheritance tax.
Wills
The will is the legal tool that allows us to determine, according to our last will, who will be the owner or beneficiary of our assets, or how they should be used, when we are no longer with us.
It is important to make a will before any illness or accident occurs. If it does not exist, the law will decide for us on the fate of our assets. A will is always revocable by the grantor.
In case of Spaniards
In the case of Spaniards, if there is no will, it is the law that designates the heirs, following an order of kinship: children or descendants first. Then, depending on the autonomous community, it would go:
1º
To the widowed spouse or stable partner
2º
Ascendants and collaterals up to the fourth degree (e.g. in Catalonia) or ascendants
3º
Widower or stable partner and collaterals up to the fourth degree (Common Law).
In case of foreigners
In the case of foreigners, it is highly advisable to grant a will before a Spanish notary to decide the destination of their assets in Spain, as it is a quick, cheap and simple procedure, while international inheritances are usually much longer and more expensive.
