Inheritances and Joint Ownership in Spain: A Legal Guide to Understanding and Managing Your Estate

04/10/2023
Marc Navarro Cifani

Legal Guidance on Inheritances and Joint Ownership in Spain

Legal Advice on Inheritances and Joint Ownership in Spain: Find the Support You Need

In Barcelona, Spain, managing inheritances and joint ownership can be a complex and delicate process. As a lawyer specialized in this field, I am here to provide you with the legal guidance you need to effectively address these matters and ensure your rights are protected.

What Does a Succession Involve?

When a person passes away, their assets and rights are transferred to the corresponding heirs. This process begins with obtaining the death certificate and culminates with the distribution of the inherited assets. There are two main types of successions in Spain:

  1. Testamentary Succession: In this mode, the deceased person disposes of their assets and rights through a will before their death, determining who the beneficiaries will be.

  2. Intestate Succession: In cases where there is no valid will or it is declared null, the closest relatives are called to inherit, and a Declaration of Heirs must be made to determine the legal beneficiaries.

Acceptance or Renunciation of an Inheritance

As heirs, we have the option to accept an inheritance either straightforwardly or with the benefit of inventory. The choice between these options can have a significant impact on our financial responsibilities. Renouncing an inheritance is an irreversible act and must be done before a notary, so it is essential to seek legal advice before making a decision.

Legitimate Inheritance

In some cases, the law stipulates that a portion of the inheritance is reserved for the so-called forced heirs. These include children and descendants, parents and ascendants, and the surviving spouse as established in the Civil Code. Understanding how legitimate inheritance works in the context of your specific case is important.

The Vacant Inheritance

The vacant inheritance refers to the period between the death of the deceased and the acceptance of the inheritance by the heirs. During this time, proper management of the inherited assets and obligations is needed. This can be carried out by the heirs themselves or by an appointed administrator, such as an executor.

Disinheriting a Child: Causes and Preparation

Disinheriting a child in Spain is a process regulated by the Civil Code and requires specific causes. In some regions with special laws, disinheriting may be more flexible. It is essential to gather appropriate evidence if you intend to disinherit a forced heir, especially in cases of psychological abuse, which is now equated with physical abuse by jurisprudence.

Required Documentation for an Inheritance

To settle an inheritance, whether through a will or a declaration of heirs, you need to obtain the death certificate and the certificate of last wills. These documents are essential to determine who the legal heirs are and how the distribution of the inheritance will be carried out.

Taxes in the Processing of an Inheritance

Every inheritance is subject to taxes, primarily the Inheritance Tax, which varies depending on several factors, including the place of death and the degree of relationship between the deceased and the heirs. Additionally, in the case of urban immovable property, the Mortis Causa Capital Gain Tax must be paid.

4N Lawyers: Your Partner in Inheritances and Joint Ownership

At 4N Lawyers, our team of lawyers specialized in inheritances and succession law accompanies you through every stage of the process. We offer advice on partition agreements, tax studies, negotiations among co-heirs, international inheritances, succession of family businesses, and more. Our goal is to provide you with the security and legal support you need during these significant moments.

If you require legal advice on inheritances and joint ownership in Barcelona or any other part of Spain, do not hesitate to contact us. We are here to help you resolve these matters efficiently and in accordance with applicable jurisprudence.

Note: This article is for informational purposes and does not constitute legal advice. We recommend consulting with out team of specialized lawyers in inheritances for personalized guidance on your specific situation.