PROBATE AND SUCCESSION
The death of a family member is a difficult time. All kinds of emotions and feelings of grief and sadness come over us. However, the process does not end with the wake or burial. When a person dies, all his or her assets become the property of the heirs. And it is at this point that the next of kin must begin the process related to the deceased’s inheritance and will.
Our firm has lawyers and economists with many years of experience, professionalism and specialization in assisting in probate and inheritance processes. With their help, the process and management for the opening of the will and obtaining the inheritance will be much more agile and quicker, relieving the family of the deceased of the need to carry out complex and delicate procedures at a time when the mourning process for the relative is still very present.
Throughout our lives, especially in adulthood, with a job, family and stable life, it is common for us to acquire a series of properties, for example: a home. In order to facilitate the passing on of all our assets to our descendants after our death, a will is necessary.
A will consists of a voluntary declaration in which we state what we wish to be done with our estate once we have passed away. In this regard, it should be noted that it is an instrument regulated by the Spanish Civil Code, but also influenced by international rules that may come into play in cases of inheritance with international components.
The will can be notarised or not. Furthermore, there are different types of wills, although the most common are the holographic will and the open will. The former is written in the testator’s own handwriting and, in order to be valid, must include the date of writing, while the latter is written before a notary.
Both types of will are legal. However, the notarial open will, although it entails a cost, has a number of advantages. For example, it does not run the risk of being lost or destroyed and, perhaps most importantly, it cannot be annulled due to non-compliance with the laws of succession or formal defects. It is therefore highly advisable to enlist the help of a lawyer or advisor in inheritance law to ensure its validity and, consequently, that the will of the testator is complied with.
Who gets more or less? How is the distribution if there is no will? Can I renounce to the inheritance? Do I own the legitimate inheritance? ? These are some of the most common questions that arise when it comes to settling an inheritance. For this reason, in cases where the will of the deceased is not clear or there is no possible conciliation between the heirs, the figure of a tax or legal advisor is essential not only to act as an intermediary but also to advise on the rights and obligations of each of the successor parties.
There are some specific situations, such as when there is not a good relationship between the heirs or when there is a business succession. In these cases, the presence of a lawyer specialising in inheritance, tax and legal advice is, if possible, even more vital to prevent the conflict caused by the distribution of the deceased’s assets from stagnating and ending up in court, further delaying the receipt of the inheritance and causing financial costs.
Our firm provides advisory services in commercial, civil and tax matters to family businesses. We are experts in advising on the succession of family businesses, helping families in this field to identify the main factors that allow them to benefit from the tax advantages that the Spanish tax system offers to family businesses.