The right hereditary or successions is the right that regulates the inheritance and determines the destiny of the goods and rights of a person after his death. The will of the deceased will be taken into account whether or not he has a will. In Golden Mile attorney in Marbella, we are expert in spanish law like hereditary law.
If there is a will, the will of the deceased will be followed, which can freely give their goods to the people they want. Although there are limitations, since it recognizes the right to inherit a part of the assets of the deceased to certain family members. This portion of the inheritance is called Legitimate.
If there is no will, the succession will occur in the usual order, descendants, ascendants, spouse, collateral and as last the State.
PROCESSING OF INTERNATIONAL HERITAGE
In such a globalized society it is very common for people of different nationalities to live together in the same territory. This situation is so common in the Costa del Sol and in Marbella that has allowed the law firm in Marbella GM Lawyers to specialize in management and processing of international inheritances. For this we have a professional group of lawyers with highly qualified heritages in international law matters.
There is an international inheritance when a person dies leaving a patrimony with goods located in different countries. And at this point the partition can become very difficult.
Our lawyers are specialized in spanish inheritance inheritance law and will carry out advice on wills, inheritance partitioning, executing, inheritance acceptance and adjudication, inheritance taxes and fees settlement, etc.
If you are from Great Britain and you are living in Spain or you want to live in Spain, here you have the guide for brits living in spain. A consulate´s document with interesting information about political situation.
Questions about inheritance in Spain
It is highly recommended that you do so. Whenever you have assets in Spanish territory, it is convenient to make a will so that, in the event of death, your heritage is given the destination you want and not the one provided by law.
There are several forms of make it. The open one (done before a notary and three witnesses), the closed one (before a notary) and the holograph (only the testator himself intervenes). In any case, it is a complex process that is best done with the assistance of an attorney.
If you have a specific interest in the inheritance or are related to the deceased, you must find out if he made a will and, if so, go to the notary to request a copy of it. Before acquiring the heritage, you must sign an acceptance document and pay the corresponding taxes.
No, unlike what happens in the Anglo-American world, in Spain the notary is not obliged to call the heirs to read the will. It will be the interested parties who must initiate the procedures to obtain a copy of the will (generally through a lawyer).
Yes, anyone can do it. To do this, you must request the death certificate from the Civil Registry and take it to the Registry of Last Wills. What cannot be done is to know its content as long as the testator is still alive.
In that case, the intestate succession is opened (it is the law that determines who inherits and how much they get based on the family relationship with the deceased). In these cases it is necessary to request a declaration of heirs (close relatives obtain it from the notary and the rest of the people request it from the judge).
Anyone who inherits assets in Spain. The term to pay it is 6 months from the date of death, and can be extended, if requested, for 6 more months. It is highly recommended to consult a lawyer, since the amount of this tax varies and there are certain exemptions and bonuses.