Succesion law, Wills Inheritances and Donations/gifts

At AM & RG Solicitors we are specialists in inheritance law. With over 25 years of experience in the field and hundreds of satisfied clients.

If you have recently lost a spouse, partner, family member or friend, the amount of unfinished business you have to deal with can be extremely stressful.

In our office we will be able to assist and help you in the processing and management of the inheritance, as well as to settle the inheritance taxes in the most efficient way and to register all the assets in the name of the beneficiaries anywhere in Spain, including the Balearic and Canary Islands.

We will also be happy to assist you in the drafting of a Spanish Will, ensuring a simple, effective and tax efficient probate process for your loved ones in the future.

Our legal services for inheritance and donation/gift advice and management include:

• Registering the assets in the Land Registry.
• Carrying out any type of action to help manage the will of the testator or donor.
• Obtaining certificates of last Wills and registered Wills, which in Spain are necessary to clarify whether or not there is a last Will registered before a Notary, which are necessary for the inheritance deeds.
• Searching for unaccounted insurance policies, of which there was no knowledge of their existence or of which there was no proof of their existence.
• Arranging sworn translations of any documents when necessary.
• Preparing the declaration of heirs before a Notary, if there is no Will.
• Formalisation of the division and distribution of assets among the beneficiaries and mediation between them in extrajudicial matters, proposing the appropriate transactional agreements.
• Drafting, settlement and payment of inheritance tax, capital gains tax and all other charges that may be generated.
• Registration in the Land Registry of any property and changes of ownership of deposits, securities, shares, etc.

Questions that may arise:

• What are the costs of the probate process?
• What is the term of the probate?
• Can I sell the property?
• Will the bank accounts be frozen? What happens to the direct debits?
• Do we have to pay for the funeral or can it be paid out of the inheritance? How do I pay for the funeral if the account is frozen?
• What are my obligations and responsibilities if I am an executor in a Spanish Will?
• How can I obtain a copy of the Will?
• Can my late spouse’s children contest the Will?
• How do I know if the Will I have is the last one signed?
• What is the time limit for settling the inheritance?
• How long does the inheritance procedure take?
• Is it necessary for the Spanish lawyer to co-ordinate with my lawyer where I live?
• Will I have to pay taxes in both countries?
• What happens if there is no Will?
• Do I need a NIE number?