Legacy Delivery
The procedures related to inheritances are among the most common actions of our Notary in Barcelona, with the deed of legacy delivery in Catalonia being one of the specialties within our inheritance management services in inheritances in Barcelona. Therefore, we wish to introduce you to this matter, explaining what legacy delivery is (and, failing that, the taking of possession of legacy) and how to process it.
Remember that we can process your legacy delivery as long as you can come to sign in person at our notary in Barcelona.
What is the Delivery of Legacy or Taking Possession of Legacy
If a person made a will before passing away, they can divide their estate among heirs, but they can also designate legacies. The recipient of the legacy is known as the legatee and does not receive a share of the inheritance, but rather receives a specific assigned asset or right. The figure of the legacy does not exist in intestate successions.
The delivery of a legacy consists of formalising the transfer of a specific asset or right that forms part of an inheritance to a particular person (the legatee).
For this, the testator must have specified in the will who the person receiving the legacy is and which specific asset is bequeathed to them.
If asked whether there can be more than one legatee, the answer is yes, provided the testator has arranged it. If the will has resolved in favour of several people as legatees, unless explicitly stated otherwise, all inherit in equal parts. Anything that entails a patrimonial benefit and is not contrary to the law may be bequeathed.
Delivery of legacies Civil Code
The figure of the legatee is explained in article 660 of the Civil Code, while the delivery of the legacy is covered in article 668 of the same.
Delivery of testamentary legacies
What can be bequeathed? Well, there are different possibilities, such as the legacy of movable goods (a work of art) or the legacy of real estate (as in the case of a legacy of a house). In addition, a legacy delivery can be made in money or financial assets, a legacy of someone else's property, mortgages, shares or partitions of a company, legacy of maintenance or pensions, among others.
Delivery of legacies in Catalonia
In the Catalan Civil Code, the legacy is regulated in its Book IV and in Chapter VII. In inheritances in Catalonia, the main beneficiary of inheritances with a will is the heir. In addition to the heirs, the persons who, according to the will, must receive a legacy will also receive assets.
Regarding how to deliver a legacy, the usual way of delivery is by signing the deed of inheritance and allocation of legacies at the notary's office. In this most common case, all the heirs and all the legatees who receive the legacy attend to sign the deed at the notary's office.
Furthermore, in the Catalan Civil Code there are cases in which the legatee can take possession of the legacy by themselves, granting a deed of acceptance and allocation of legacy before a Notary. This direct taking of possession by the legatee is allowed if the will established that the legatee could take possession of the legacy by themselves. It is also possible for the legatee to take possession of the legacy when the legatee is also an heir or when it concerns the legacy of universal usufruct.
It is also interesting that the legacy can be granted by will, but also through a codicil or testamentary memorandum. Moreover, it is transferable. This means that, in the event of the legatee's death, it is transmitted to their heirs unless the testator has stipulated otherwise in the will. Another added characteristic is that a legatee can be appointed who has not yet been born or conceived.
What is the prelegado?
A prelegacy is known as that legacy which has been arranged in favour of an heir. The heir receives it as a legatee.
Therefore, a prelegacy occurs when the same person receives in a will the status of heir and also a legacy. Normally, it is possible to accept the inheritance and also accept the legacy, accept only the status of heir or only the legacy, or reject both.
The most common practice is to accept both the inheritance and the legacy, as they are assets received lucratively in an inheritance.
What is vulgar substitution?
The vulgar substitution is a clause that is normally included in the will that the deceased granted before a Notary. This vulgar substitution clause allows the testator to establish that if the person designated in the legacy as the beneficiary of the legacy cannot receive it (usually due to death), the call of the legacy passes to whomever the testator designates (for example, a legacy made by the father to a child of a house, establishing in the will that if the child who is to receive the legacy has died when the succession is opened, the legacy passes to the grandchildren). Otherwise, if no substitute is designated, the legacy will be merged into the hereditary estate and distributed among the heirs.
What is the delivery of the bequeathed item?
The delivery of the legacy is the moment when the legatee receives possession of the legacy, normally through delivery by the heirs.
The most common case is the signing at a notary of the deed of inheritance and delivery of the legacy by all the heirs and legatees.
How is a legacy delivered?
You should know that at the time of the testator's death, the legatee already acquires the power to accept it or not, unless it is a legacy with a condition. This process is known as the delivery of the legacy.
Deed of legacy delivery
First of all, you should know that a legacy can be repudiated or accepted expressly or tacitly, in which case the acquisition is consolidated. Acceptance of a legacy implies the acquisition of ownership of the bequeathed asset. Its repudiation means that no person chosen by the legatee can be designated and that it reverts to the hereditary estate.
The process to repudiate or accept it (delivery) is consolidated through formalisation at a Notary and the official delivery of the legacy. If accepted, the legacy must be delivered by the person burdened by the legacy, who are normally the heirs of the deceased, although the testator may also stipulate that one of them, in particular, receives that burden. They can also be persons who obtain a part of the deceased’s estate.
That said, once informed that you have received a legacy and if you wish to accept it, you must process a notarial document in which the delivery of the known legacy is formalised, known as delivery of legacy or taking possession of the legacy. For this, all parties involved in the succession must attend a notary so that a delivery of legacy by all the heirs takes place.
There is an exception: if the deceased had stipulated in the will that the legatee may take possession of the assets by themselves. In this case, it will not be necessary for the legacy to be delivered to them, although they must attend the notary alone, without accompaniment, to sign the deed of taking possession of the legacy.
In Catalonia, according to the Civil Code of Catalonia, possession can also be taken unilaterally by the legatee when this is established in the will or when it concerns a prelegacy or a legacy of universal usufruct.
Difference between delivery of legacy and taking possession of legacy
So, in a legacy procedure through a public deed before a Notary, the difference between these two lies in that in the notary's office the "encumbered person" attends to deliver the legacy to the legatee. However, in the taking of possession of the legacy, the legatee simply attends to formalise the act, since the testator had previously arranged that the legatee could dispose of the legacy by themselves.
The role of the Notary in the delivery of the legacy
The legacy delivery record is produced at the notary's office after the signing of the public deed of legacy delivery. To process one, choose a day and time for your appointment.
The role of the Notary for these documents is fundamental. They act as a guarantor of legality who advises people on legal matters, preventing nullities, interpretative doubts, or drafting defects. Their knowledge avoids disputes among heirs and, furthermore, they issue a capacity judgment and provide legal advice and control to guarantee the protection of all individuals and their legal rights in the public deeds signed at the Notary's office.
Documentation for the deed of legacy delivery
Please remember to provide the following documentation before the scheduled date for signing:
- Valid DNI or identification document of all parties involved in the succession
- Will, codicil, or testamentary memorandum
- Death certificate
- Certificate of last wills
Other questions related to the delivery of legacy
If the legacy is accepted, the legatee must pay the Inheritance and Donations Tax in its inheritance mortis causa modality.
At JLA Notarios we offer a comprehensive service in inheritances and successions and, if you wish and can attend the signing at our Barcelona notary office, in addition to your inheritance deed and legacy delivery, we can process the settlement of the relevant Inheritance Tax and the registration in the Property Registry in case there are properties in the inheritance.
There are different reasons that would prevent a legacy from taking place. One of them would be if the testator revoked the legacy in the event that they were still alive or if alienation occurred. It would also occur if the bequeathed asset were impossible to bequeath (for example, if it is destroyed in an accident). Furthermore, there are cases where it is necessary to reduce the legacies to ensure the payment of the legitimate rights to the heirs.
This is a document where the part of the inheritance that corresponds to each heir is established. It reflects the details of the heirs and the allocations that correspond to them and the legatees in the inheritance, as well as the assets, debts, or rights. There are different types of partition notebooks.
If the liable person does not comply and does not deliver the legacy, except in the aforementioned cases where the legatee can take possession themselves, the legatee must take legal action to claim the legacy.
The costs of the deed for the delivery of a legacy are established in the Notarial Tariff that sets the fees for Notaries, with all Notaries required to adhere to the tariff in all their deeds. The cost will depend on whether the legacy constitutes real estate, money, vehicles, or other assets. The registration cost of the deed must also be taken into account.
The exact price of a notarial document cannot be calculated until its specific content is known, that is, until it is signed, as there are many circumstances that can cause it to vary. The number of copies requested of a document, the pages it contains, as well as possible changes or additions, can slightly alter the final price.
You can request a quote from JLA Notarios – Notaría Barcelona if you can sign at our notary office in Barcelona. We will ask you for some simple information, send you a personalised quote for your case, and assist you with the initial procedures. Additionally, if you wish, we can handle the inheritance and legacy tax procedures with the Tax Office. If there are properties involved, we can also manage the registration in the Property Registry on your behalf.
If you wish to receive a detailed quote, we invite you to contact us directly through the method that is most convenient for you. You can do so via the contact form on the main page of this website, through the contact section found in the footer of the website, using the direct WhatsApp access at the bottom right of this page, by sending an email to bcn@jlanotarios.com, or by calling us at 93 159 17 62.
The deed of legacy delivery must be paid by the heir or the person charged, as well as the expenses incurred and arising from the fulfilment of the legacy. The legatee must also pay the inheritance tax that corresponds to them.
JLA Notaries for the Deed of Legacy Delivery in Barcelona
The drafting of the deed of legacy delivery or taking possession of legacy is one of the procedures in which we specialise at our notary office. Processing an inheritance in Barcelona requires a high level of specialisation and good service to guarantee the best notarial service and control.
Thanks to the training and experience of the entire team, at JLA Notarios we provide the most appropriate legal solutions in the different areas that affect the person and their assets, including the processing of inheritances in Barcelona, with the aim of being able to advise you free of charge in your enquiries. With a close and cordial approach from the first contact, at JLA Notarios we work dynamically and empathetically, seeking maximum efficiency and the best profitability for each client, addressing the concerns of each person or company in a personalised manner for their full satisfaction. To this end, at JLA Notarios we apply new technologies in all procedures, minimising visits to the notary and optimising processing times. For this reason, we have also transformed into an online notary for certain processes, although the law still does not allow digital signing of an inheritance. Thus, currently the law requires you to come and sign the deed of legacy payment in person and if you want to sign with the JLA Notarios team, you will have to come to sign in person at our notary office on Avenida Diagonal in Barcelona.
If you need to process an inheritance in Barcelona, you can contact us by email or through the contact form on our website. You can also consult our wide range of Services in Wills and Inheritances and we will assist you with whatever you need.
JLA Notarios, Notary Barcelona, we are a notary office located in Barcelona, and we specialise in wills and inheritances, as well as in other areas of civil and commercial law. We will be delighted to assist you and help you with whatever you need. We hope this writing has been helpful and valuable to you.
By your side in the moments that matter
Inheritance and wills
The moment of granting a will, making a declaration of heirs or formalising an inheritance are very important moments in people's lives.
At JLA Notarios we offer services related to succession law, both to arrange your succession and to distribute an inheritance, guaranteeing the best advice tailored to your particular needs and the study of the tax implications of each case. At no time do we neglect the human factor, even offering home notary services if necessary.
Contracts and property law
Over the course of our lives, we carry out important actions, such as buying a home, declaring a new-build, lifetime gifting to our children or ending partnerships, among many others.
At JLA Notarios we are experts in property and contract law and buying and selling property. We guide our clients, analysing each particular issue and always considering the tax burden of each transaction.
In addition, some of our notarial services can be performed online, so we can assist you from anywhere in Spain. Contact us to declare a new-build or a commonhold ownership structure online.
Mortgage
Taking out a mortgage is one of the biggest moments for anyone. Just think of the fees and interest you may have to pay for much of your life. So it is essential to have a trusted notary to help you understand what you are signing, explaining the tricky legal terms and their future consequences in simple words, to provide transparency and protect our clients.
At JLA Notarios we are aware of the importance of giving complete and understandable information to people about to sign a mortgage, novation or subrogation. We also advise and guide you on your future mortgage cancellation.
Loan agreements and credit facilities
Individuals and companies often need money to fulfil their dreams or projects. This can be obtained by taking out a loan or credit facility with your bank. When you sign, it is essential to understand the details properly to avoid future surprises.
JLA Notarios can be your trusted notary office, giving you accurate advice on loan contracts, providing a very agile and specialised service for processing loan contracts.
Bear in mind that from 9 November 2023, you will be able to sign your loan contracts from anywhere in Spain electronically by videoconference with JLA Notarios, saving you time and money. Do not hesitate to contact us to find out more about the notary office’s services in order to sign a loan contract online or sign a credit facility online.
Companies
Without entrepreneurship there is no future, so it is of vital importance to support our businesspeople and entrepreneurs.
At JLA Notaries we are familiar with companies’ life cycle, which enables us to provide legal assistance for companies in their different stages, whether incorporation, modifications of their articles of association, changes of director, share sales and purchases, capital increases and reductions, dissolution and closure, and everything related to commercial matters.
Powers of attorney
There are moments in life when a person needs to delegate. The law provides a tool for this: powers of attorney. Though a power of attorney, one person allows another person to act on their behalf.
At JLA Notarios we make sure that you understand the significance and risks of delegating or revoking powers of attorney, from a special power of attorney or power of attorney for lawsuits, to general powers of attorney or preventive powers of attorney for cases of incapacity.
We provide an agile service to sign powers of attorney. You can take your copy away immediately, saving you unnecessary trips, and from 9 November 2023 our clients will be able to sign all powers of attorney that are not general or preventive by videoconference through our digital notary office.
Family affairs
A prosperous society is based on the family and its protection. Family Law provides you with the tools to protect your family and its members, so its foundations are solid and its purposes can be achieved.
At JLA Notarios we provide legal advice on marriage or civil partnerships; property aspects of the family through marriage contracts or civil partnership contracts; the moments when the family relationship is ended, in cases such as divorce or separation; and protection of vulnerable people, such as minors or people with modified capacity, through deeds of appointment of guardians or executors or creation of protected assets. We do all of this in a way that makes everyone involved feel equally supported and secure.
Certifications and authentications
It is common knowledge that notaries attest. That important and simple action can guarantee things of vital importance, such as ensuring that the signature on a document is authentic or certifying that a copy of a document matches the original.
At JLA Notarios we will help you to certify a document or notarise a signature in accordance with the law and tailored to your specific needs.
In addition, these notarial procedures can be carried out conveniently through electronic means from 9 November 2023.
Minutes
How many times have you wanted to leave a record of an event, of a statement, of the condition in which an object is found, or notify someone of any matter. To provide a solution to these issues, the Law provides us with notarial records.
At JLA Notarios we adapt to you, reflecting in the record what you require and carrying out the notifications and requests that you demand.
Oath of Nationality
Behind every nationality oath there is a story of overcoming, sacrifice and waiting.
At JLA Notarios we understand what this moment means and offer an empathetic, agile and quick service, advising beyond the oath itself, anticipating the future requirements that the new Spanish citizen will need.
We are your reference Notary to carry out the nationality oath before a Notary in Barcelona.
Apostille of the hague convention
Globalisation enables the free movement of people and documents of all kinds. How can you guarantee that a document has been officially issued? With an apostille of the Hague Convention.
JLA Notarios can obtain an apostille for all documents executed before us so they are valid and recognised abroad. We do this transparently and save you all the bureaucratic procedures involved.
Tax and registry procedures
Tax bureaucracy can cause a lot of headaches.
So JLA Notarios offers its clients the possibility of assessing and paying the many different taxes by the executing deeds and carrying out other procedures before the notary. We can also file them with the Land or Companies Registry so you do not have to concern yourself with it and can spend your time on the things that matter. We support you from start to finish.
Inheritance and wills
The moment of granting a will, making a declaration of heirs or formalising an inheritance are very important moments in people's lives.
At JLA Notarios we offer services related to succession law, both to arrange your succession and to distribute an inheritance, guaranteeing the best advice tailored to your particular needs and the study of the tax implications of each case. At no time do we neglect the human factor, even offering home notary services if necessary.
Contracts and property law
Over the course of our lives, we carry out important actions, such as buying a home, declaring a new-build, lifetime gifting to our children or ending partnerships, among many others.
At JLA Notarios we are experts in property and contract law and buying and selling property. We guide our clients, analysing each particular issue and always considering the tax burden of each transaction.
In addition, some of our notarial services can be performed online, so we can assist you from anywhere in Spain. Contact us to declare a new-build or a commonhold ownership structure online.
Mortgage
Taking out a mortgage is one of the biggest moments for anyone. Just think of the fees and interest you may have to pay for much of your life. So it is essential to have a trusted notary to help you understand what you are signing, explaining the tricky legal terms and their future consequences in simple words, to provide transparency and protect our clients.
At JLA Notarios we are aware of the importance of giving complete and understandable information to people about to sign a mortgage, novation or subrogation. We also advise and guide you on your future mortgage cancellation.
Loan agreements and credit facilities
Individuals and companies often need money to fulfil their dreams or projects. This can be obtained by taking out a loan or credit facility with your bank. When you sign, it is essential to understand the details properly to avoid future surprises.
JLA Notarios can be your trusted notary office, giving you accurate advice on loan contracts, providing a very agile and specialised service for processing loan contracts.
Bear in mind that from 9 November 2023, you will be able to sign your loan contracts from anywhere in Spain electronically by videoconference with JLA Notarios, saving you time and money. Do not hesitate to contact us to find out more about the notary office’s services in order to sign a loan contract online or sign a credit facility online.
Companies
Without entrepreneurship there is no future, so it is of vital importance to support our businesspeople and entrepreneurs.
At JLA Notaries we are familiar with companies’ life cycle, which enables us to provide legal assistance for companies in their different stages, whether incorporation, modifications of their articles of association, changes of director, share sales and purchases, capital increases and reductions, dissolution and closure, and everything related to commercial matters.
Powers of attorney
There are moments in life when a person needs to delegate. The law provides a tool for this: powers of attorney. Though a power of attorney, one person allows another person to act on their behalf.
At JLA Notarios we make sure that you understand the significance and risks of delegating or revoking powers of attorney, from a special power of attorney or power of attorney for lawsuits, to general powers of attorney or preventive powers of attorney for cases of incapacity.
We provide an agile service to sign powers of attorney. You can take your copy away immediately, saving you unnecessary trips, and from 9 November 2023 our clients will be able to sign all powers of attorney that are not general or preventive by videoconference through our digital notary office.
Family affairs
A prosperous society is based on the family and its protection. Family Law provides you with the tools to protect your family and its members, so its foundations are solid and its purposes can be achieved.
At JLA Notarios we provide legal advice on marriage or civil partnerships; property aspects of the family through marriage contracts or civil partnership contracts; the moments when the family relationship is ended, in cases such as divorce or separation; and protection of vulnerable people, such as minors or people with modified capacity, through deeds of appointment of guardians or executors or creation of protected assets. We do all of this in a way that makes everyone involved feel equally supported and secure.
Certifications and authentications
It is common knowledge that notaries attest. That important and simple action can guarantee things of vital importance, such as ensuring that the signature on a document is authentic or certifying that a copy of a document matches the original.
At JLA Notarios we will help you to certify a document or notarise a signature in accordance with the law and tailored to your specific needs.
In addition, these notarial procedures can be carried out conveniently through electronic means from 9 November 2023.
Minutes
How many times have you wanted to leave a record of an event, of a statement, of the condition in which an object is found, or notify someone of any matter. To provide a solution to these issues, the Law provides us with notarial records.
At JLA Notarios we adapt to you, reflecting in the record what you require and carrying out the notifications and requests that you demand.
Oath of Nationality
Behind every nationality oath there is a story of overcoming, sacrifice and waiting.
At JLA Notarios we understand what this moment means and offer an empathetic, agile and quick service, advising beyond the oath itself, anticipating the future requirements that the new Spanish citizen will need.
We are your reference Notary to carry out the nationality oath before a Notary in Barcelona.
Apostille of the hague convention
Globalisation enables the free movement of people and documents of all kinds. How can you guarantee that a document has been officially issued? With an apostille of the Hague Convention.
JLA Notarios can obtain an apostille for all documents executed before us so they are valid and recognised abroad. We do this transparently and save you all the bureaucratic procedures involved.
Tax and registry procedures
Tax bureaucracy can cause a lot of headaches.
So JLA Notarios offers its clients the possibility of assessing and paying the many different taxes by the executing deeds and carrying out other procedures before the notary. We can also file them with the Land or Companies Registry so you do not have to concern yourself with it and can spend your time on the things that matter. We support you from start to finish.
