WILL AND INHERITANCE

It is common for people to confuse inheritances and wills. And although they usually go hand in hand, they are not the same. That is, there can be wills without inheritances and, conversely, inheritances without wills.

• A will is the document by which a person indicates his or her will as to how he or she wants his or her property and money to be distributed after his or her death.
• The inheritance, or rather, the acceptance and partition of inheritance, is the act by which the assets are distributed upon the death of a person.

As it is very common that there are several heirs, for example, the widow or widower together with children, the partition of the inheritance has a contractual nature, i.e., the agreement of all is needed.

Wills do not specify exactly how assets should be distributed and awarded. Rather, they give very general guidelines, which sometimes generate conflicts of interpretation, which is why it is advisable to have a lawyer or legal advisor who is an expert in inheritances and wills . On the one hand, to explain the real problems of inheritance after death; and then, to draft the will as clearly as possible, as a "tailor-made suit".

It is necessary to accept and split the inheritance in order to place each asset in the name of one or more heirs.

On the other hand, it is important to know that the heirs will receive the estate, but will also assume the debts of the deceased. This is so unless they renounce the inheritance, or accept it with benefit of inventory. In the latter case, the heirs will only be liable up to the limit of the inheritance assets. Before signing an inheritance, it is advisable to find out if the deceased had loans or mortgages or even if he/she was a guarantor; if he/she had debts with the Tax Authorities or Social Security, or if he/she had any legal proceedings in progress.

From URBINA LEGAL we can advise you to prepare and sign your will according to your will and in accordance with the law, as well as we can manage your inheritance in the closest and safest way to your interests.

We are expert legal advisors in Probate and Inheritance, both Spanish and non-resident, so we put at your disposal all our experience and knowledge.

Our services:

Will preparation and registration

Declaration of heirs

Waiver of inheritance

Inheritance preparation

Succession process step by step

Inheritance tax planning and optimization

Donations

Legal representation and negotiation