Acceptance & Contestation
If you have been named as heir in a will, under Spanish regulation this is not enough to automatically make you the owner of assets and rights and thus be able to claim that certain assets be paid or handed over to you. In Spain it is essential that you accept that inheritance expressly or tacitly.
But even if you have accepted the inheritance, this does not automatically make you a creditor of certain assets. The distribution has to follow a strict order and regulation. We are here to help you to fulfill the Spanish complex procedures.
If you are a forced heir and you believe that there are sufficient grounds to contest the will, we will advise you to defend your interests and rights.
Legitimacy & Forced Heirs
When we talk about inheritance in Spain, we must understand the concept of "legítimas" or "herederos forzosos". Thus, as a general rule, every estate is divided into 3 thirds: one third of free disposal, one third of improvement and one third of legitimate. The latter is reserved exclusively for these forced heirs. In other words, the deceased cannot dispose of this third.
However, when it comes to inheritance in the Balearic Islands, the scheme varies. To such an extent that Mallorca/Menorca has a different regulations to Ibiza/Formentera. Feel free to contact us. We will help you through the whole inheritance procedure.
Drafting & Rejection Wills
If you are thinking of leaving something to your loved ones, be they family, friends, associations or any other entity, IUSTITIA abogados can help and advise you in drawing up your last will and testament. We guide you through the complexities of Spanish inheritance law.
Did you know that a handwritten will can be contested?
If you are looking for advice on a will that has already been drafted, we are here to help you.
We also provide legal advice in the event that you wish to contest a will that violates your rights as a beneficiary.
Last Will Executor
The distribution of inheritance can be a maze and a puzzle. In some cases it can even become very contentious if the heirs feel disadvantaged.
Numerous families and clients rely on our executorship service. We are committed to executing your last will and testament with the utmost rigour. We will ensure that your testamentary dispositions are complied with before your designated heirs and in accordance with the law.
The executor is responsible for administering the inheritance until it is distributed among all the heirs and legatees in accordance with the express instructions given by the testator and always in full compliance with Spanish current legislation.
