Protecting our clients' interests in succession management
Our speciality is Spanish inheritance and our commitment is to accompany the client through every stage of the process, from planning your estate and protecting your family to the administration and distribution of an inheritance, explaining clearly in English or Spanish and resolving any issue that can arise with other parties, Tax Agency, Notaries, Land Registers, etc. Even though we always try to reach an amicable agreement, we do not hesitate to take court action to defend our clientsâ interests until their right has been declared and executed. We are comfortable arguing your case in court against the best lawyersâ offices in Spain. For your information we have written a guide to the inheritance proceeding step by step.
The Inheritance process in Spain: A step-by-step guide.
Managing an inheritance in Spain involves several legal, tax and administrative steps, each with its own requirements and potential complications. We guide heirs and beneficiaries through the entire process, from obtaining the necessary certificates and determining who is legally entitled to inherit, to assessing debts and liabilities, accepting or renouncing the inheritance, distributing the estate and registering inherited assets in the Land Registry. Whether the succession involves a will, multiple beneficiaries or international legal considerations, we provide clear, personalised advice to protect your interests and ensure the process is handled correctly under Spanish law.
Explore the step-by-step guide below for a summary of the inheritance process, and follow the links provided at each stage to learn more about the specific step. If you need help navigating the process, please donât hesitate to contact us. Weâll be happy to guide you through it.
First of all: obtaining the Death Certificate
You get advice on obtaining the death certificate and the certificate from the Spanish Last Will Registry and their importance. Find more information about the Death Certificate.
If there is no last will and testament. The legal successors
Opening the legal inheritance process to determine the legal inheritor, and why this may occur even if a will has been made.
If there is a last will and testament
Determing its validity and whether it complies with Spanish law, if applicable, or if a choice has been made for the law of the testator Ìs nationality. The appointing of inheritors, substitutes and legatees.
Before the acceptance
Taking into account the rights of creditors to claim against the estate, and the ways for inheritors to avoid putting their own assets at risk. Acceptance, acceptance with reduced liability or waiving the inheritance.
Accepting the inheritance. Liability on the debts
the rights and responsibilities of successors, highlighting the differences between a legatee and an inheritor. Find more information about accepting the inheritance in Spain here.
After Accepting and before the sharing out
Joint ownership of the estate with the surviving spouse and other beneficiaries – rights and obligations. Read more about «after accepting the inheritance» here
The sharing out
If there is more than one beneficiary, co-owning Spanish inherited assets. The lack of obligation to keep co-owned assets, any one beneficiary can ask to extinguish co-ownership whether it is beneficial to the others or not. The testator can pre-arrange this by naming a contador partidor.
Recording In the Land Registry
the requirements to register assets in the Land Registry (done under Spanish Law regardless of the law applicable to the inheritance) and further documentation necessary to
record property and immovable assets.
Contact us for expert advice on your inheritance case
We provide clear and practical legal advice tailored to your individual situation. Our team will respond within 24 hours or less.