Frequently asked questions about Spanish Inheritance Law
Our lawyers who specialize in inheritances in Barcelona and Sant Cugat del Vallès have made this article with answers to the most frequent questions about inheritances, so that those clients who have recently suffered the loss of a partner, family member, or friend, can learn the most important steps to process an inheritance.
In any case, if you want to make sure that everything is done correctly by a lawyer who specializes in inheritances in Barcelona or Sant Cugat del Vallès, you can contact our law firm. The contact information of the office is in the header of this website and is also at the end of this article.
The first question to consider is whether the deceased had a will. It is important to review it through a certificate of last wills.
Why should this certificate be used?
Well, even if you have a will at home, a person may have made several wills throughout his or her life and this document can tell you what the last will was.
Many of our clients from Barcelona and Sant Cugat del Vallès have been surprised to see that their relatives have made several wills throughout their lives, in some cases even more than a dozen wills. Although the most common is to do one or none in a lifetime, there are always outliers.
An inheritance attorney can obtain this document at a low price.
What happens if there is no will?
The inheritance rules established in Civil Law will be followed. A declaration of heirs must be made and then the inheritance can be accepted.
It is also important to verify the existence or nonexistence of a life insurance policy. There is also a registry that can be consulted. In addition to being convenient to review all the documentation of the deceased and consult with your bank since many banks sell this type of insurance, this is especially convenient to clients who have mortgages with said banks.
Our Barcelona and Sant Cugat del Vallès inheritance lawyers can also help you in this regard.
This is one of the things that customers ask the most- What do I do if the inheritance has debts that I don’t know about? Do I always have to give up the inheritance or do I have another possibility?
Our lawyers who specialize in inheritances in Barcelona and Sant Cugat del Vallès know legal ways to limit liability in case of debts and can also make a preliminary study of the financial situation of the deceased if the client requests it.
Documentation for Inheritance
The documents vary and are different depending on the assets of the deceased. The most common documents are:
2.-Certificate of last will act and certificate of death coverage insurance contracts.
3.- Bills for burial, funeral, cremation expenses …
Will (if it exists)
4.- Documentation of the properties: Deeds of sale, IBI receipts, mortgage deeds …
5.- Certificates of bank balances on the date of death.
The best way to know what documents are needed is to go to our lawyers in Barcelona and Sant Cugat del Vallès and they can, after an interview, determine what documents you need.
What happens if I don’t have any documents?
The good news is that all documents can be obtained by our attorneys, regardless of where they are in Spain. Our attorneys can obtain the documents without you having to make any effort to try to retrieve them.
Renounce the inheritance
Sometimes a client wants to renounce the inheritance. It is usually a simple document before a notary, but it is important to do it well since an incorrect formula in the resignation could lead to double taxation. You must also understand the economic repercussions so it is not advisable to resign “hot” but it is convenient to think about it for a few days and once it is clear that you want to make this decision, proceed to resign. Before resigning, our firm recommends that you consult with an attorney, as, although it may seem implausible, we have encountered many clients who were unaware of the consequences that the resignation could have.
It is advisable to hire an attorney
It will depend on the case. It is generally recommended when there are assets (real estate, participations or shares in companies, vehicles …) in order to ensure their correct valuation and taxation. Lawyers can also give you instructions on property maintenance to avoid paying more taxes than necessary. A tax mistake involves not only paying more taxes than necessary, but also paying interest and penalties.
It may also be recommended if you are unable to obtain a document or do not have time, or do not know the exact assets of the deceased and need help searching for and determining the assets of the deceased.
I am a child and I have been disinherited- can I do something?
This depends on the specific case. In the Catalan Civil Code it is easier to disinherit than in the common Civil Code, but even so, many disinheritances are invalid and we can challenge them. We have recently had a case of disinheritance, and we have managed to annul the clause due to formal errors.
Another reason many clients usually turn to an attorney is because some heir does not want to accept the inheritance or because they do not know all the heirs.
The good news is that we have a solution for any problem that may happen:
1.- We can find unknown heirs.
2.- We can get all the necessary documents even if you don’t have any.
3.- We can find your family member’s assets.
4.- We can unlock the inheritance when an heir does not want to accept.
5.- We can plan your taxes to suit your needs, obtaining the best taxation and avoiding unpleasant surprises.
Attorney fees may be paid after inheritance is received
Yes. Our firm may charge upfront fees or may charge a commission based on a percentage of the estate.
We have offices in Sant Cugat del Vallès (carrer Orient, 78) and in Barcelona (carrer Granada del Penedes, 10).
What expenses could you have on the inheritance?
- Notary fees.
- Registration costs if there are real estate or vehicles.
- Tax expenses.
- Attorney fees (if you hire us).
- The costs of death certificates, last wills, and simple notes of real estate, if applicable. If you hire us, our attorneys will pay for you.
- You may need appraisal and expert expenses, but in 99% of cases the tax assessment will be done free of charge by our lawyers in Barcelona and Sant Cugat del Vallès.
This article collects the most frequently asked questions, but there can always be more, geared to the specific case of each person, so if you have any doubts, contact our inheritance lawyers in Barcelona and Sant Cugat using the information below.
Disclaimer: This information in this article is not definitive, for up to date legal advice which is relevant to your case please contact our lawyers in Barcelona.