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Inheritance and Succession

As lawyers specialising in inheritance and succession we can help you plan the generational handover at any stage of your life. We have always believed that estate planning cannot be left until the last moment, and that it is essential to receive the right advice. Our personal, tailored approach gives future heirs the peace of mind that their inheritance is in good hands.

Our extensive experience in handling estates and our knowledge of the various laws and rules allow us to provide the most appropriate advice. We manage civil and tax estate planning, the drafting of wills, succession agreements and family protocols.

Wills

A will is a legal document, signed before a notary, in which a person sets out how they want their assets and property to be distributed after their death. It can also include arrangements for the guardianship of minor children, the care of pets, an inventory and any other instructions or wishes the testator wants to record. As well as setting out who the heirs and beneficiaries of the estate will be, the will can also appoint an executor whose role is to carry out its provisions.

As we mentioned, it is an important legal tool that allows a person to plan and control the distribution of their assets and property, ensuring their wishes are respected after their death and providing peace of mind to their loved ones. It is important to draft it with the help of an inheritance lawyer to ensure its validity and compliance with applicable laws.

Declaration of heirs

The declaration of heirs is a legal procedure used to determine who the heirs of a deceased person are when they have not left a will. This process is important to establish the succession of the deceased’s assets and property, and may be necessary to carry out any kind of asset transfer. The declaration of heirs is made before a notary public or a judge and requires the submission of documents proving the prospective heirs’ relationship with the deceased. Once the declaration is issued, a certificate of heirs is produced, allowing beneficiaries to claim their share of the estate.

This procedure can be complex, and it is important to have advice from a lawyer specialising in succession law to ensure that it is carried out correctly. Submitting all the necessary documentation and following the appropriate legal steps is crucial to avoid future complications. The declaration of heirs is essential to ensure that the succession of assets is carried out fairly and lawfully for everyone involved.

Estate distribution

The distribution of the estate is a legal process carried out to divide the assets of a deceased person among the heirs. This process can be complex and sensitive, as it involves not only the distribution of financial assets, but also of real estate, jewellery and other items of sentimental value. It is important to have the advice of a lawyer specialising in succession law to ensure that the distribution is carried out fairly and equitably.

The first step in the estate distribution is to determine which assets and debts belonged to the deceased, which may require a review of legal and financial documents. Once a complete inventory has been drawn up, the assets are valued and the debts are settled. Only then can the assets be distributed among the heirs in accordance with the will or the applicable inheritance legislation.

What happens if there is no will?

Inheritance without a will

An inheritance without a will arises when a person dies without having left a valid document specifying how their assets and property should be distributed. In this case, the law will determine who the heirs are and how the estate will be divided. It is important to note that the rules on inheritance without a will vary by country and region, so legal advice is essential to understand how the distribution of assets will be handled in this situation.

In many cases this can lead to disputes and disagreements between potential heirs, which can further complicate the distribution of assets. For this reason, it is advisable to seek advice from a lawyer specialising in succession law in order to avoid legal conflicts and ensure that the inheritance is distributed fairly and equitably.

Accepting the inheritance

Accepting the inheritance is a legal process that involves receiving the assets and debts of a deceased relative. By accepting the inheritance you take on responsibility for managing the assets and dealing with any outstanding debts. It is important to understand the terms and conditions of the inheritance before deciding, as it can have significant financial implications.

Before accepting an inheritance, it is essential to carry out a thorough review of the deceased’s assets and debts. This includes reviewing the will, legal documents and financial assets. It is also advisable to seek legal and financial advice to ensure you fully understand the implications of accepting the inheritance.

In some cases, you may decide to renounce the inheritance if the debts exceed the assets, in order to avoid financial losses. Accepting an inheritance can be an emotionally challenging process, so it is important to seek emotional support during this time.

Disinheritance

Disinheritance is an act by which a person is excluded from the inheritance to which they would otherwise be entitled by law. It can occur for various reasons, such as serious acts committed against the testator, lack of a relationship with or abandonment of the testator, or by the testator’s own decision. It is important to note that disinheritance must be justified and meet the legal requirements in order to be valid.

The Civil Code sets out the grounds on which an heir may be disinherited, as well as the procedures to carry out this act. Decisions to disinherit someone should be taken with caution and legal advice in order to avoid potential conflicts in the future.

Disinheritance can give rise to controversy and family disputes, so dialogue and mediation are recommended to resolve such conflicts peacefully and fairly for all parties involved. In some cases, disinheritance may be challenged and overturned if the legal requirements are not met.

How is inheritance tax handled in estates?

Inheritance tax

The inheritance tax is a levy applied to estates received from a deceased relative. In many countries, this tax can represent a significant burden for heirs, as it can affect a large portion of the inherited assets. However, the application and rates of this tax can vary widely between countries and regions, leading to substantial differences in the amount heirs have to pay.

In some cases, heirs may be exempt from paying inheritance tax if the estate is of low value or there is a close family relationship with the deceased. There may also be exemptions or reductions for certain types of inherited assets, such as the family home. It is important to be aware of local laws and regulations on this tax, as they can affect the financial and estate planning of individuals and families.

Capital gain (plusvalía)

Capital gain is an economic concept that refers to the increase in the value of an asset or piece of real estate over time. The term is commonly used in connection with real estate, where the capital gain represents the profit obtained from selling a property at a higher price than was originally paid. Capital gains can also apply to other assets such as shares, bonds or even art. In the labour context, the capital gain (or surplus value) refers to the profit an employer makes by selling the product of their employees’ work for more than the cost of their labour. This concept has been the subject of political and social debate, as it is seen as generating economic and social inequalities. In the investment field, however, capital gains are a goal pursued by investors to grow their wealth over time.

Usufruct

Usufruct is a real right of temporary enjoyment over property belonging to another, in which the usufructuary has the right to use and enjoy an asset but cannot dispose of it permanently. This right may be granted by will, by law or by contract, and may apply to movable or immovable property.

In usufruct, the usufructuary has the duty to preserve the property and to carry out the repairs needed to keep it in good condition, but is not obliged to pay the purchase price or the charges encumbering the property. In addition, usufruct may extend to the fruits, income or products generated by the asset.

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Services

Sale and purchase of real estate and real estate companies
Purchase options
Pre-sale agreements
Earnest money deposits
Lease agreements
Due diligence processes
Construction contracts
Creation and cancellation of rights in rem

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