Inheritance lawyers in Madrid
Our inheritance lawyers in Madrid are specialists in succession and testamentary Law. We provide comprehensive professional advice to descendants, ascendants, and spouses based on their degree of relationship.
What will that represent? We understand that inheritances can sometimes be a primary source of issues. That’s why we explain the legal consequences and what it could mean for the coexistence of the family unit.
How can we assist you? We offer inheritance lawyers in Madrid with over 20 years of experience who will assess the viability of the inheritance in the following cases:
- Issues with the management or distribution of the inheritance.
- Conflicts among siblings or co-owners.
- Conflicting interests regarding the sale or rental of a property.
- Inability to cover the payment of inheritance taxes.
- What are you waiting for to contact us? Inheritance law is one of the most important.
- Areas of our practice, and at all times, you will have the guidance of specialized legal experts in inheritance who will resolve any family conflicts with complete discretion and professionalism.
What guarantee do we offer? The trust our clients place in us to solve any inheritance-related issues, combined with continuous work and excellent results, has positioned us as one of the leading firms in matters of inheritance in Madrid.
Experts in Inheritances, Wills, Successions, and Inheritance Issues
Our inheritance lawyers in Madrid provide quick and efficient solutions that will bring you significant personal and financial benefits.
Furthermore, we expedite all the inheritance procedures with various public administrations.
We handle all the necessary documentation from the testator on your behalf, ensuring you can inherit as soon as possible.
Are you looking for an inheritance lawyers in Madrid?
Contact the law firm now and request a quote with no obligation.
Similarly, our family lawyers in Madrid specialize in resolving the following conflicts related to the judicial division of common assets:
- Filing of lawsuits when the legitimate share of forced heirs is compromised.
- Invalidity and ineffectiveness of wills.
- Disadvantageous donations.
If there is any disagreement among stakeholders, the judicial division of the inheritance will require the involvement of a court-appointed partition.
Specialized Services in Inheritances and Wills, Madrid
Managing specialized services in inheritances and wills is a legal process that must be approached carefully. For this reason, our firm possesses the experience and sufficient knowledge to handle every aspect of this process with the highest level of professionalism.
Furthermore, it should be noted that various types of expenses will arise.
Documents Required for Inheritance in Madrid
Up until the registration of the assets in the name of the heir or forced heirs in the corresponding Property Registry of Madrid.
Preparation of the Partition Notebook
All operations during the inheritance partition phase must be recorded in a partition notebook. Typically, this document prevents economic imbalances and provides greater legal security in the division process.
We handle drafting the partition notebook for the inheritance: division of assets and liabilities of the dormant heritage.
We create an inventory of movable assets (bank balances, stocks, life insurance) and immovable assets (properties, vehicles, household goods), rights, and debts of the deceased (burial expenses, funeral, lawyer’s fees).
Avoid unnecessary travel, problems, processing errors, and even unnecessary expenses. Our firm offers a personalized and empathetic approach, distinguishing us as the best team of inheritance lawyers in Madrid’s capital.
Application for the Certificate of Last Will Acts in Madrid
The application for the certificate of last will acts can be done in person at:
- Any of the Territorial Offices of the Ministry of Justice.
- Civil Registries.
- Central Office for Citizen Services.
- Or even at other official agencies authorized for this purpose.
There is also the option to apply for this certificate online on the Ministry of Justice’s website.
All of this is subject to the payment of the corresponding fees.
Application for the Certificate of Deceased Coverage Insurance Contracts
This certificate is necessary to ascertain whether the deceased had a life insurance or accident policy. It is an important document that verifies all active contracts held by the dead with an insurer.
It can be requested from the same institutions mentioned for the Certificate of Last Will Acts.
The payment of the amounts resulting from settling or self-assessing the above mentioned taxes.
The attorney’s fees for advice, other management and procedures performed, and actions taken with the Notary.
Assistance to families when making the declaration of heirs or the allocation of the inheritance.
Notary invoices, including notary fees, and property registry invoices, including registry fees.
Declaration of Heirs
It is a declared document that designates all heirs entitled to inheritable assets. It is typically carried out through a notarial act of notoriety authorized by a competent notary:
Declaration of intestate heirs or “intestate succession”: when no successors exist. When someone dies without a will or with an invalid will.
Declaration of heirs: through which the heirs of the deceased’s assets are designated, namely, ascendants, descendants, or spouses.
In conclusion, carrying out the inheritance allocation and subsequent registration in the Madrid Property Registry within the deadlines indicated for settling taxes is not obligatory.
Payment of Inheritance Property Tax in Madrid
The property tax, also known as “plusvalía,” is a charge imposed on the donation or inheritance of a property from the moment of its acquisition. As should be understood, the value of this Tax varies in each autonomous community.
These deadlines must be met, although there is also the possibility of extending them. And even, as is the case with the property tax in Madrid, installment payments can be requested.
Therefore, if a person passes away and their heirs fulfill the obligation to settle or self-assess the inheritance tax and pay the property tax established by the Community of Madrid, they can postpone the partition and allocation of the inheritance to a later time, and as the final step, the registration in the Property Registry.
If you wish to delve more deeply into this fascinating branch of Law and its most relevant informative concepts, do not hesitate to keep reading.
Key Concepts of Inheritance
Often, the deceased’s family lacks knowledge about their rights and obligations as heirs.
Most clients who come to the inheritance lawyers’ office in Madrid have never heard of the different institutions of heirs.
For all those readers interested in understanding the fundamental terms, we provide additional information about the following key concepts:
Universal Heir or Successor
The universal heir or successor is the continuator, meaning the one who steps into all the legal relationships of the deceased.
They receive rights, property, money, debts, and obligations to preserve the testator’s will and interests.
Forced heirs are those who have a right to the inheritance. They will only be deprived of their legal share if they have been disinherited in the will under the parameters established by the Law.
Forced heis include:
- Children (biological and adopted) and descendants.
- Parents and ascendants.
- And the surviving spouse of the deceased.
Some understand the will as an act in which a person disposes of their property after death. However, it is a document issued by a Notary that contains the testator’s will.
It contains acts of asset disposition as well as non-asset-related acts.
Mediante el cual el testador deja un bien o derecho determinado a una persona denominada legatario o sucesor particular.
The role of an executor is one of trust and involves managing functions related to the liquidation, division, and allocation of the assets among co-heirs and successors. An executor can be universal or specific.
One or more individuals (trusted individuals) can be entrusted with fulfilling the testator’s will as written in the choice. This role is voluntary and comes into effect if the designated individuals agree.
Do you know what portion of the inheritance you’re entitled to?
The strict legitime, or short legitime, is one-third of the inheritance the testator cannot dispose of because the Law has reserved it for forced heirs. It corresponds to two-thirds of the hereditary assets.
The Enhancement Third
The third enhancement is a portion of the inheritance that the deceased can freely decide on.
It represents half of the legitime and can be distributed unevenly in favor of one or some of the children: it corresponds to one of the two-thirds of the legitime. For example, a grandparent enhances the grandchild’s share.
The Disposal Third
It is a portion of the inheritance that the testator can independently dispose of. The testator allocates this portion of the estate as they see fit, without legal obligations.
The Lifetime Usufruct
It corresponds to the surviving spouse, who is not legally separated from the deceased. The spouse will have the right to usufruct the third designated for enhancement.
We are experts in all matters related to the testamentary disposition of the hereditary estate.
Types of Inheritances
If you are looking for a specialist inheritance lawyer in Madrid, we recommend our services in the following areas of work:
Inheritances with a Will
It is one of the most practical and straightforward procedures because it directly reflects the testator’s wishes. Only the guidance of a lawyer is needed to carry out the necessary protocols and corresponding legal oversight.
Inheritances without a Will
In an inheritance without a will, the legitimate heirs directly participate in the distribution. Legally, equal distribution among all heirs and involved parties must still be respected through an agreement.
Judicial partition of the Inheritance
It refers to the process where none of the heirs are satisfied with the distribution of assets. This dissatisfaction is resolved through a court that appoints a partitioning expert accountant responsible for the inheritance distribution.
We solve all your doubts about your inheritance in Madrid.
Do you know what estate dissolution entails?
Estate dissolution refers to partition actions that heirs carry out to divide the inherited estate. For smoother negotiations, seeking advice from a specialist inheritance lawyer is recommended to provide the necessary guidance.
What happen if there are minors involved in the inheritance?
In this legal situation, parents or legal guardians must represent the minor. Moreover, to prevent children from inheriting debts, they can only accept the inheritance for inventory benefit according to the Law.
What about if there are legally incapacitated individuals?
There are certain legal scenarios where an individual is deemed incapable of succession. Consulting a specialized lawyer is the best course of action in such situations.
Is it better to leave an inheritance or make a donation in Madrid?
Proper legal advice is essential when a person is unsure whether to leave an inheritance or make a donation. Both processes involve specific requirements and implications that vary in each scenario.
On the one hand, a donation is a voluntary transfer of certain parts of personal assets to the donee during one’s lifetime, with effects after death. It’s only possible to donate some assets, but the process is relatively quick to take effect.
However, an inheritance involves the complete transfer of estate as specified in a pre-written will. It has different implications but allows for a precise organization that aligns with the testator’s wishes and benefits their heirs.
Which taxes must be paid in an inheritance in Madrid?
At our law firm specializing in inheritances in Madrid, we offer fiscal advice on the most advantageous way to distribute the estate among legal heirs. For example, allocating a portion of a property to an heir.
Furthermore, it’s important to note that since January 1, 2017, direct heirs can benefit from a 99% tax reduction.
- If you want to know the tax reductions you’re entitled to when receiving an inheritance in Madrid, our law firm has professionals with over 20 years of experience in civil Law. We have successfully processed hundreds of inheritances for clients to date.
- The taxes to be paid in an inheritance vary depending on several crucial factors. These variables depend on the amount of the inheritance, the relevant group, and, most importantly, the autonomous community.
- It is advised to seek the best legal advice from our recognized team in our community.
- Dealing with the taxes associated with an inheritance primarily involves the inheritance tax.
- Furthermore, in the case of inheriting urban land, the well-known municipal capital gains tax applies. If you want to learn more about this, don’t hesitate to contact our lawyers, who will provide you with all the relevant information.
We also handle all the procedures for paying municipal capital gains tax in Madrid, also known as the Tax on the Increase in Value of Urban Land. We also inform you about the deadlines for contesting the partition of the inheritance.
Recommendations when accepting an inheritance
The analysis of all these documents involves a certain level of complexity. Therefore, we provide a team of specialized inheritance lawyers in Madrid to quickly and effectively address your case.
Acceptance with the benefit of inventory
It is an inheritance process where the accepting party does not acquire personal liability for the inherited assets, meaning the heir is not obligated to pay the debts and charges of the deceased beyond the value of the inheritance itself.
Unconditional acceptance of the inheritance
This is one of the most common ways of inheriting, where heirs accept all assets and liabilities of the deceased. In this case, when multiple individuals take the inheritance, they all share joint liability for the debts, as stipulated in Article 1084 of the spanish Civil Code:
“After the partition has been made, creditors may demand payment of their debts in full from any of the heirs who have not accepted the inheritance with the benefit of inventory, or up to the extent of their hereditary portion, in the case of having accepted it with said benefit.”
Renunciation of the inheritance in Madrid
For example, one can renounce the inheritance and accept the improvement. The share of the person losing the inheritance will always accrue to the other co-heirs.
The heir has 30 days to decide on what to do with the deceased’s assets, as stipulated in Article 1005 of the Civil Code.
Disinheritance is based on causes stipulated by Law, such as withholding necessary support without justified reason. Mere insults or verbal abuse are generally insufficient, as established by abundant jurisprudence; they must involve repeated psychological mistreatment that can harm the victim’s mental health.
Contact our inheritance lawyers in Madrid
Given all those mentioned above, inheriting in Spain is quite complex. Therefore, it’s crucial to always opt for the best and most specialized lawyers in succession law.
We accompany you in carrying out all the necessary actions that serve your interests promptly after the deceased’s death, thoroughly and efficiently.
We have a multitude of satisfied client reviews. For more information, don’t hesitate to contact the inheritance specialist.
Where can you find us?
- Ródenas Abogados.
- 76 Fernández de la Hoz Street, Ground Floor E, Postal Code 28003, Madrid.
- Bús: 12, 14, 16, 27.
- Nearest Metro stations: Gregorio Marañón y Nuevos Ministerios.