The increase in inheritance proceedings in law firms following the Coronavirus crisis.

With the irruption of the new Covid-19 viral disease, the number of cases for inheritance processing has increased notably in Spanish Law Firms.

The number of deceased has not stopped growing alarmingly, due to the health crisis we are currently experiencing, so many relatives have found themselves with the surprise of being the recipients of an inheritance from a distant relative, without hardly knowing the true content of the inheritance.

The decision to accept or reject an inheritance can always be made, depending on the suspicion of the active or passive state of the assets.

If you find yourself in a situation in which you have doubts about the content of an inheritance of which you are the recipient, the most important thing is to seek legal assistance from a family lawyer who is an expert in inheritance law, so that he or she can advise you and tell you how to proceed.

Inheritances are transferred to the persons designated in the will or, on the contrary, to relatives according to the order of succession designated in the Civil Code.

Inheritance law is the branch of law that regulates the correspondence of a deceased person's estate in matters of inheritance. It establishes the ability to grant the possessions or assets contained in the Will as a last will and testament on the death of the family member.

Inheritance Law becomes effective when:

• There is no will.
• The Will is invalid.
• Not all of the person's assets have been disposed of in the Will.
• When the heir dies before the reading of the Will and another heir has not been designated as a second choice.
• The condition set for the heir has not been fulfilled.

What is the order of succession in which an inheritance can be received?

When situations arise that override the provisions of the Will drawn up by the recently deceased person, the rules of succession order apply, which entitle the person to receive an estate as an heir.

The order of inheritance law is as follows:

1. Descendants.
2. Spouses or cohabitants of descendants.
3. Ascendants.
4. Spouses or cohabitants of ascendants.
5. Collateral relatives. Siblings as a priority.
6. Successive relatives according to degree of proximity.
7. Public benefit of estate administration.

Inheritances without a beneficiary are on the rise in Spain.

In recent months, there has been an increase in cases of so-called inheritances without a beneficiary due to the high number of deceased without direct descendants, as many distant relatives are unaware that they are heirs to an estate, due to lack of contact with the person, and do not claim the inheritance that corresponds to them.

In addition, the rise in taxes and the impossibility of meeting monthly business payments during the pandemic has generated a major economic crisis affecting the global economy.

The renunciation of inheritances has multiplied as a large part of the population cannot afford to pay inheritance tax or the investment involved in maintaining the assets that a family member has left them as an inheritance.

In addition to this situation, distant relatives are unaware of the deceased person's real assets, and are particularly concerned that debts may appear in the inherited estate.

The economic crisis caused by the growing global pandemic has led to a decrease in the purchasing power of the population and, consequently, to non-payment of material goods.

This situation has led to the growth of indebted assets and with it, inheritances which, after learning of the state of the estate, the beneficiaries decide to reject for fear of meeting the payments with their own possessions.

However, there is an option recommended by many inheritance lawyers for the acceptance of inherited assets without having to assume the expense of possible debts with one's own estate: Receipt of inheritance with benefit of inventory.

Accepting inheritances with benefit of inventory.

Accepting an inheritance with benefit of inventory when there are doubts as to whether a relative has indebted assets is a very good option at a time when, due to the Covid-19 crisis, citizens are unable to pay debts owed by relatives.

This option, which is included in the Inheritance Law, makes it possible to receive the inheritance without having to pay the debts with the estate of the recipient, so that the amount of the inheritance to be received will always be positive.

The procedure for accepting the inheritance for the benefit of an inventory is by the beneficiary appearing before the Notary declaring the acceptance of the inheritance.

Afterwards, the total inventory of the deceased person must be presented, both patrimonial assets and debts.