Inheritance and wills lawyers in Madrid
Inheritance does not have to be a long and complicated process
► Inheritance is the set of assets that is passed on to the heirs upon death.
► Do you need to process an inheritance?
► Has a close relative passed away?
► More than 30 years of experience in inheritance in Madrid and the rest of Spain.
► Online processing in case you need it.
Inheritance law firm in Madrid and Spain. Experts in inheritance, wills, successions and inheritance problems
Law Firm
In our Law Firm we are specialists in advising on Inheritance and Wills both in Madrid and in the rest of Spain. Our Lawyers with more than 25 years of experience will be able to help you in any question related to your inheritance.
During these more than 25 years we have advised thousands of clients on problems related to inheritance, wills, will contestations, disinheritance, tax settlements and many other inheritance-related issues.
Our inheritance lawyers will also be able to help you in matters related to joint ownership and real estate.
Our lawyers belonging to the Madrid Bar Association are highly specialised in inheritance and inheritance law. We have extensive experience related to inheritance problems and the trials derived from them.
Our Inheritance Lawyers are JUDICIAL ACCOUNTANT EXPERTS
Our team of inheritance and donations lawyers, headed by Mrs. Rus Maria Muñoz Gómez, member of the Madrid Bar Association, acts as expert court accountants in many legal proceedings related to inheritances, which makes our advice as inheritance lawyers and in the distribution of inheritances one of the most highly valued in Madrid. We have extensive experience and knowledge in all matters related to inheritance and inheritance law.
What is inheritance law?
Inheritance law is a branch of civil law that is mainly concerned with regulating the transmission of the rights and obligations of a deceased person to his or her heirs and legatees as expressed through a will or inheritance pact, with rules for intestate succession.
It deals with the legal rules that determine how a person's property and rights are distributed after death.
The main elements addressed by inheritance law are:
- Inheritance: Inheritance is the set of assets, rights and obligations that belonged to a deceased person and that are passed on to his or her heirs.
- Heirs: These are the persons who are entitled to receive the inheritance. They can be legitimate heirs (such as children) or testamentary heirs (designated in a will).
- Legatees: Persons who receive specific assets or rights that the deceased has expressly left to them in a will.
- Will: A legal document in which a person expresses his or her will as to how his or her property should be distributed after death.
- Intestate succession: When a person dies without leaving a will, the law establishes rules for the distribution of the estate, designating the heirs according to an order of priority.
Who are Heirs?
Heirs are all those persons who are entitled to a certain percentage of an inheritance. In this sense, it is necessary to differentiate between those considered as forced heirs, who must necessarily receive the legitimate part and, sometimes, the third of improvement, and those who are not, who can only receive the third of free disposal. In the event that the person leaving the inheritance does not have forced heirs, he/she may assign his/her inheritance to whomever he/she deems appropriate.?
What is the legitima?
The legitimate inheritance is the percentage of assets that must be received by those who are considered as forced heirs. Therefore, the person who makes a will cannot dispose of it with complete freedom to leave it to whomever he or she wishes.
Who are forced heirs?
The law considers the descendants of the person leaving the inheritance, i.e. their children or grandchildren, as forced heirs . If the person dies without children, it is his parents or grandparents who are considered as forced heirs. However, if there are no ascendants or descendants, the widow or widower, if there are any, will be considered as heirs.
The forced heirs are entitled to receive two thirds of the deceased's inheritance: the one-third of the reserved portion in equal shares and the one-third of the improvement, which can be divided among them freely. Only the remaining third, known as the free disposition third, may be assigned to whomever they wish. However, in the event that the deceased leaves a widow or widower, the widow or widower will be entitled to the usufruct of the one-third improvement.
What taxes will I pay and what taxation is involved in an inheritance?
Basically, there are two:
- Inheritance and gift tax.
- Tax on the increase in the value of urban land, more popularly known as capital gains tax.
Many autonomous communities offer significant reductions on inheritance and gift tax. In some cases, they are as high as 99%. However, capital gains tax depends on the local councils, so it is advisable to check the regulations of each one to find out how much you have to pay when processing your inheritance.
Please note
- If a person dies without making a will, those who are entitled to receive their inheritance must go to a notary and make a declaration of inheritance. This is essential for them to receive this consideration.
- The declaration of heirs is a document executed before the notary in which the heirs are established. The appointment of the heirs is made in this document in the will.
- But what is probate? This concept includes all the operations, formalities and advisory work necessary to distribute and adjudicate the inheritance, once the death of the person has occurred.
- In the event that the will is accepted by the heirs, which is not obligatory, they will have to draw up the partitional notebook.
- Although it is not essential, having the services of a lawyer specialising in inheritance is fundamental to resolve the whole process, ensuring the interests of the heirs.
Do you want more information with no obligation?
Heritage
There are several reasons why an inheritance can be contested. Generally, this happens when one of the heirs considers that there is a detriment against him/her, for which it is necessary that there is a difference of more than 25% in the value of the assets that have been awarded to him/her with respect to those of the others. However, this can only be done when this percentage is applied to the legitimate share of the forced heirs or when it can be demonstrated that the will of the deceased was different to that reflected in his or her will.
The time limit for a legal challenge is four years from the date of death.
Will
What is a will?
A will is a document by means of which a person decides how he or she wants his or her assets to be distributed after his or her death. Anyone can make a will by simply hiring the services of a notary to witness their will. However, it is essential that it complies with the legal requirements, which is why it is always recommended that it be drawn up by a lawyer specialising in inheritance.
Generally speaking, everyone can make a will, unless their case is covered by one of the exceptions provided for by law. This is the case, in particular, for persons who are judicially incapacitated and who are under 14 years of age.
However, not all wills are the same. In this sense, a distinction must be made between wills that are made in general and are valid indefinitely, unless the testator decides to revoke it. They can also be made in special circumstances, such as those granted by persons in danger of death. The same applies to military wills, maritime wills and wills made in a foreign country.
The disposition of the assets and rights of the person making a will can be done in two different ways. For more information, see the sections on ‘Types of wills “ and ”Contents of wills’.
- Ológrafos: is that written in the testator's own handwriting, complying with the requirements contained in Article 688 of the Civil Code. In order to be effective, it must be notarized before a Notary Public.
- Open: the testator expresses his last will in the presence of the persons who must authorize the act, being aware of what is provided therein.
- Closed: the testator, without revealing his last will, declares that it is contained in the document he presents to the persons who must authorize the act.
- By universal title (instituting heirs): this implies leaving to one person all or part of the estate of the deceased. Whoever is named heir succeeds, taking the place of the deceased, which also entails any debts that may exist.
- In particular title (forming legacies): the legatee succeeds only in a specific asset or right, so that he/she acquires it and is not obliged to respond to the debts of the deceased with his/her own patrimony.
Can I contest the will?
Yes, our Civil Code allows the will to be contested in certain cases based on the following grounds:
- Lack of mental capacity: If the person who made the will was not mentally competent at the time of making it, the will could be challenged. This could be due to problems such as dementia, mental illness or intoxication.
- Coercion or pressure: If it can be shown that the testator was pressured or coerced into making the will, the will may be considered invalid. It is important that the will truly reflects the wishes of the deceased and is not the result of undue external influence.
- Fraud: If it can be shown that the will was the result of fraud, such as manipulation of the signature or submission of false information, it may be contested.
- Error: If there are errors in the drafting of the will that affect its validity or interpretation, this may be grounds for contesting the will.
- Revocation: If the testator expressly revokes the will at a later date and this revocation can be proved, the earlier will may be contested.
- Ignorance of the contents: If the testator did not fully understand the contents of the will at the time of signing it, there may be grounds for contesting it.
inheritances and wills
Judicial Proceedings
Our lawyers, specialists in legal proceedings with extensive experience, will be able to offer you our professional services in all those procedures that require our intervention.
Specifically, we will represent and defend you in legal proceedings such as:
Claims for payment
Civil Jurisdiction: Ordinary trials, Exchange Judgment, Summary Judgment, Ordinary Judgment.
Criminal Jurisdiction: Abbreviated Proceedings, Summary Proceedings, Fast Track Proceedings, Misdemeanour Proceedings.
Labour Jurisdiction: Dismissal, Ordinary, Rights
Contentious-Administrative Proceedings:
Ordinary, Abbreviated, Proceedings for dismissal, quantity claims and salaries.
Administrative Jurisdiction: Administrative Appeals, Preliminary Claims
At G. Elías y Muñoz Abogados, we have specialists dedicated exclusively to the practice of Family Law who will provide you with comprehensive advice on everything related to this matter, informing you of all the rights and obligations that correspond to you and advising you on the most appropriate way to proceed in each case.
You can make an appointment at any of our offices in Madrid, Majadahonda or Pozuelo de Alarcón or if you prefer, you can speak to one of our lawyers specialising in Family Law by calling 91.571.17.87 from 9am to 2pm and from 4pm to 8pm, who will advise you on the steps to follow in your specific case.
Our lawyers specialised in Family Law, with extensive experience in Inheritance and Wills, will be able to offer you our professional services in all matters related to Inheritance and Wills.
If you wish, in addition to being attended in our Law Firm in Madrid, we offer you the possibility of our Lawyers attending you in our offices in Pozuelo de Alarcón and Majadahonda.
Family law news
When the parents die, the house they used as a family home or any other house they owned becomes the property of their heirs. However, there are situations that...
It is possible that, when the parents are still alive, they may decide to donate a house to one of their children, either because they are in a worse financial...
Giving is an act of generosity that one freely disposes of without expecting anything in return in support of another, who accepts it. The recovery of donations...
We cannot ignore the reality that, in many cases, there are parents who ask their ex-partner or the judge for joint custody in order to save on alimony. In fact...
Some couples marry before having children. There are also those who prefer to register only as unmarried partners. However, it is an inescapable reality that...
As you may well know, the Civil Code in force in Spain provides that couples can get married using two different regimes: community property and separation of...
When two people decide to apply for divorce proceedings, a series of long-term premises must be agreed upon regarding the regulation of behaviour in the family...
In this article we explain who the forced heirs are and the relationship they have with the reserved portion as determined in article 806 of the Civil Code...
Acceptance with benefit of inventory is one of the concepts that raises the most doubts regarding the collection of inheritances. But what exactly is it and how...
What types of matrimonial property regime are there? When two people decide to get married, it is advisable to choose the matrimonial property regime in which...
There are many reasons why it makes sense to make gifts from parents and children instead of waiting until death and the subsequent distribution of the...
In case of separation or divorce, parents who do not have custody of their minor children have the right to visit and communicate with them. This is the so...