Wills, Inheritance and Matters Related

The firm studies the personal and family situation and the property status of each client who takes responsibility for his or her hereditary succession and is advised as is relevant to the results of this study. Our guidance facilitates the putting into practice of the terms of the provisions sought, whether by means of a will or a succession agreement. The latter procedure is currently accepted in legislation and it allows its executors to be bound contractually with respect to a future hereditary succession, so avoiding surprises.

Our team can also take care of the inheritance acceptance process, from the reading of the will, to the obtaining of death certificates, last wills and insurance policies of the predecessor in title, in addition to council registration and other documents that may be necessary, depending on the case in hand. The firm will also draft the documents for the notary relevant to the acceptance of the inheritance, with all the details required for each individual case, and which are usually many and important. We assist our clients in the execution of the inheritance acceptance deeds before the notary, and we process the payment of any taxes that arise from acceptance, in addition to the registration of the deeds in Property Registry, if any property is included in the will.

Our firm also offers legal assistance in legacy provision procedures and in the payment of the legitimate shares, if the predecessor in title has provided for legacies and, where those who have the right to claim their legitimate shares claim them, respectively. We offer expertise for both cases, either in the defence of the interests of the heir or those of the legatee. In these cases we negotiate, as is applicable, the determined amount of the legitimate share in the interests of our clients. The first step here is negotiation, and if no agreement is made, we take the matter to court.

Our procedure is to initiate the inheritance acceptance procedure after a detailed analysis of the heir’s or legatee’s fiscal situation with respect to his property and assets, his future intentions with respect to the property to be acquired and the fiscal evaluation of the latter, with a view to obtaining the most favourable application of those taxes designated as appropriate

In the event of disputes between the interested parties involved in the inheritance, be this between heirs and joint heirs or between heirs and legatees, these matters are resolved through negotiation and where this is not possible, we defend the rights of our clients in court.

 

© MONTOLIU ADVOCATS
93 885 07 89 Rambla Hospital, núm. 19, 08500 VIC
93 521 23 53 Avinguda Diagonal, núm. 287 bis, 1er. 4ª, 08013 BARCELONA
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