Wills and inheritance
Making a will, making a declaration of heirs or awarding inheritance are very important moments in people’s lives.
At JLA Notarios we offer inheritance law services, both to arrange your estate and to divide up inheritance, guaranteeing the best advice for your particular needs while studying the tax implications of each case. We never forget the human factor. We even offer a notary service at home if necessary.
Wills
These are documents in which a person orders the distribution of their property and rights following their death. There may also be a personal content, such as protection for minors or spouses.
- ID card, passport, residence permit or
foreigner identification number (NIE). - The wish to make it.
For more information about wills, you can find several explanatory articles on our blog.
Inheritance agreements
An inheritance agreement is used to accept or waive the right to succession. In addition, the assets and rights of the deceased person are inventoried and distributed among the heirs.
- ID card, passport, residence permit or foreigner identification number (NIE).
- A death certificate.
- A last will certificate.
- An authenticated copy of the last will made or a notarial declaration of heirs ab intestato.
- A life insurance certificate.
- Deeds or simple notes issued by the registry where the ownership and description of all the properties are recorded.
- A bank balance certificate.
- Documents proving ownership of other assets and rights.
- Documents proving compliance with tax requirements for tax rebates.
For more information about inheritance agreements, consult the explanatory article on our blog.
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- Donación o herencia: ¿Qué es mejor?
Notarial declaration of heirs ab intestato
A document in which the notary certifies who the heirs of a deceased person are, according to law. Such documents are only required when a person dies without leaving a will.
- ID card, passport, residence permit or foreigner identification number (NIE) of the interested parties.
- ID card of the deceased person.
- Two witnesses with no direct interest in the inheritance.
- A death certificate.
- A last will certificate accrediting that the deceased did not make a civil will or the family record book.
- In the case of domestic partners, documents accrediting their union or cohabitation.
- If necessary, the death certificate of any person who could be entitled to the inheritance, such as children or spouses, and documents accrediting who, as applicable, would take their place in the inheritance.
Advance directives and living wills
When a person is gravely ill, they may not be able to make certain decisions. This document allows the interested party to issue a series of instructions about certain vital issues, such as whether or not they wish to be resuscitated, the application of certain medical treatments, the donation of organs and the destination of the mortal remains, and funeral rites and the attribution of powers of attorney in relation to medical care.
- ID card, passport, residence permit or foreigner identification number (NIE). In the case of having a Catalan medical card (CatSalut), it should be provided.
- The name of the persons upon whom certain powers are to be conferred.
Inheritance waivers
This is used to reject the inheritance of a person who has died in order to not receive any of their assets, rights or debts. In particular, it is used to avoid receiving a poisoned legacy, or one with debts.
- ID card, passport, residence permit or foreigner identity number (NIE) of the person who wishes to reject the inheritance.
- Death certificate or data of the person whose inheritance is to be waived. For it to take effect, the person must have died, as otherwise it is not valid.
Donation of assets against future inheritance.
When a person is gravely ill, they may not be able to make certain decisions. This document allows the interested party to issue a series of instructions about certain vital issues, such as whether or not they wish to be resuscitated, the application of certain medical treatments, the donation of organs and the destination of the mortal remains, and funeral rites and the attribution of powers of attorney in relation to medical care.
International inheritance agreements
Inheritance in which there is an international component, such as when a foreigner resides in Spain, a Spaniard resides abroad or when there are multiple assets in different countries.
JLA Notarios can provide you with assistance in English.
Succession agreements
Succession agreements are agreements by parties in which the desired assets are distributed during life by transferring the property at the time of signing the agreement or conditional on the death of the holder.
Addition of inheritance deed
An addition of inheritance deed is a notarial document that includes new inherited property not included in the first inheritance due to not knowing about it at that time. All taxes that are due must be settled and all real estate must be filed with the Land Registry.
- A deed of acceptance and distribution of an estate to which the assets must be added.
- Identity document, Passport, Resident’s permit or Foreigner Identity Card of all the heirs and the legal beneficiaries. They may sign in person or by proxy.
- Documents identifying ownership of the property to be added.
Distribution of legacies and taking of possession of the bequest deeds
A distribution of legacies deed accredits that the heirs have delivered a legacy to a legatee.
A taking of possession of the bequest deed accredits that the legatee has taken possession of a legacy for himself or herself alone, since this was authorised by the testator, or in certain cases, permitted by law.
- Identity document, Passport, Resident’s Permit or Foreigner Identity Card.
- Death certificate.
- Certificate of inheritance.
- Certified copy of the last will granted.
- Document or certificate accrediting ownership and identification of the property, right or bank account.
Legitimate share payment deed
A notarial deed in which the heirs pay the legitimate share to the legal beneficiaries. It may be carried out in a separate deed or in the inheritance deed. It should be noted that the forced heirs and their respective rights vary in Common Law and in different regional laws.
- Identity document, Passport, Resident’s Permit or Foreigner Identity Card.
- Death certificate.
- Certificate of inheritance.
- Certified copy of the last will granted.
- Document accrediting the value of the legitimate share and the inheritance deed in which all the inventoried property is listed.
Sale of inheritance rights deed
A deed in which a person sells to another the rights that are due to them in an inheritance. This legal business may only be carried out on the death of the testator and when the right to acquire the inheritance exists, pursuant to Article 1271 of the Common Civil Code and Article 411-7 of the Civil Code of Catalonia. It may be granted by listing all or some of the properties included in the inheritance or without listing them.
It is also important to know that in the event of the sale of the inheritance rights, the joint heirs have a preferential acquisition right.
- Identity document, Passport, Resident’s Permit or Foreigner Identity Card.
- Death certificate.
- Certificate of inheritance.
- Certified copy of the last Will granted or in the absence thereof, a declaration of intestate heirs.
- If all or some of the properties that make up the inheritance right being sold are listed, the documents accrediting ownership of the assets, rights and bank accounts.
