Inheritance Law
Inheritance law covers all documents related to the transfer of assets, rights, and obligations upon a person’s death. This includes documents containing the testamentary dispositions of the deceased, as well as those related to the acceptance or, in some cases, the renunciation of the inheritance.
Key documents in inheritance law include:
Wills
Succession Agreements
Declaration of Heirs
Acceptance and Renunciation of Inheritances
Inherited Partitions
European Certificate of Succession
Certificates (Reports) on the Applicable National or Foreign Law
Wills
A will is a legal document in which the testator designates one or more heirs to inherit their assets upon death. The will may also include bequests, which are provisions for specific objects or assets to be given to one or more beneficiaries. A will is inherently revocable, allowing the testator to modify or replace it at any time with a new testamentary disposition.
Succession Agreements
In a succession agreement, the person known as the disponent determines how their assets will be distributed among one or more individuals, who also participate in formalizing the agreement. These agreements can apply to the entire estate or to specific assets. Unlike a will, a succession agreement generally can only be modified or revoked with the consent of the involved parties.
Declaration of Heirs
If a person dies intestate (without a will or succession agreement), it is necessary to identify their legal heirs. The notarial document used for this purpose is the certificate of declaration of intestate heirs, which can be requested by a relative who has an interest in the inheritance.
Acceptance of Inheritance
This document contains the formal declaration by one or more individuals confirming their acceptance of the inheritance to which they are entitled, with or without a will. Typically, it includes an inventory of assets, as well as their distribution among the heirs.
Renunciation of Inheritance
In this document, the individuals involved declare their irrevocable decision to renounce their rights to the inheritance granted to them.
International Successions
In cases where inheritances have an international element (e.g., the deceased was a foreign national, assets are located abroad, the applicable inheritance law is not Spanish, or the will was executed outside Spain), it may be necessary to apply the relevant legal standards. Our notary office handles the preparation and drafting of documents related to international successions, including those involving private international law and comparative civil law from other countries.
European Inheritance Certificate
When an inheritance formalized in Spain needs to have effects in other countries (e.g., for registering real estate in favor of heirs or managing foreign bank accounts), the appropriate procedure within the European Union is the European inheritance certificate. This document can be authorized at our offices.