Inheritance and succession
Dividing an estate without breaking up the family
An inheritance brings together two things that sit badly with each other: a short deadline to settle taxes, and family relationships that are rarely at their best. What usually complicates matters is not succession law, but that nobody made any decision during the first few months.
It is worth bearing in mind that the deadline to settle inheritance tax is six months from the date of death, extendable if applied for within the first five. That application is one of the few things that cannot wait.
What we review
What there is and who inherits
Death certificate, certificate of last wills and of insurance policies, obtaining a copy of the will and, where there is none, a notarial declaration of heirs. Inventory of assets, debts and life insurance.
Accept, renounce, or accept subject to inventory
Unconditional acceptance means being liable for the deceased’s debts out of your own assets too. Where the liabilities are unclear, that is the most important decision in the whole file, and it is irreversible.
Distribution and allocation
The partition deed, respect for the legítima (the forced heirship share reserved by law to certain relatives), allocation of the home and of indivisible assets, cash compensation, and registration of what is allocated at the Land Registry.
When the heirs cannot agree
Negotiation and, if there is no way out, judicial division of the estate. Also the claim to recover the legítima for anyone who has been passed over or has received less than their share.
Wills and lifetime planning
Drafting the will before going to the notary, with the distribution thought through rather than the standard template, and fitting it with the matrimonial property regime and with gifts already made.
Gifts
Bringing forward during your lifetime what would otherwise be inherited, with the tax cost calculated, retaining a life interest where appropriate, and the effect that gift will have on the later distribution among the children.
When a consultation is worthwhile
Specific situations in which a short conversation before deciding avoids, in most cases, later proceedings.
- A family member has died and you do not know where to start.
- The six months are approaching and the tax has still not been settled.
- The deceased had debts and you do not know whether accepting is advisable.
- One of the heirs is not responding, or refuses to sign the distribution.
- The estate consists mainly of a home and there is no money to compensate the others.
- You want to arrange the distribution during your lifetime so that the children do not argue afterwards.
Fees and conduct of the matter
A fixed quote per piece of work, or a monthly retainer where the volume justifies it. The amount and its scope are settled in writing before each piece of work begins.
Conduct of the matter rests with Josep or María Doménech Aviñó, registration nos. 12.981 and 20.288 of the Valencia Bar Association (ICAV). You deal directly with the lawyer handling the file.
Everything you tell us is covered by the duty of legal professional privilege under article 542.3 of the Spanish Judiciary Act (Ley Orgánica del Poder Judicial), including at the first consultation and even if you do not go on to instruct us.
Let us talk about your specific case
Tell us your situation and we will explain how we would approach it and what documentation is required. We reply within 24 working hours.