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The private document of Acceptance of Inheritance in Spain

Welex, law and accountant firm in Marbella, will explain in detail information about the private document of acceptance of inheritance in Spain.

An inheritance in Spain can be accepted tacitly, through the performance of acts that imply an unequivocal will to become an heir.

It can also be accepted expressly, through the signing of a public document (Spanish Deed of Distribution and Acceptance of Inheritance) before a notary, or the signing of a private document.

The private document of Acceptance of Inheritance in Spain

Below, one of our professionals at Welex, leading law firm in Spain explains how to accept an inheritance by means of a private document, also known as a private request.

This is a document drafted by a manager, advisor or lawyer, whose content is similar to the deed that would be signed before a notary, without the need for a notary to intervene.

The private document of acceptance of Inheritance in Spain must contain at least:

  1. Details of the deceased and date of death
  2. Details of the will or declaration of heirs.
  3. Details of those interested in the inheritance, as well as their relationship with the deceased.
  4. An inventory must be drawn up of all the assets that the deceased had at the time of death, as well as a valuation of these.
  5. The distribution of the assets among the heirs must be made, following the instructions set out in the will.
  6. It must be signed by all the heirs, thus showing their agreement.

For this document to be valid, effective and legal in Spain, it must be accompanied by the following documents:

– Death certificate.

– Certificate of last will and testament.

– Will or, if applicable, Declaration of heirs.

– To accredit the family relationship, family record book.

– Bank certificates, to accredit the accounts and the amounts held at the time of death.

– To accredit the real estate, deeds of sale or simple notes of the same.

In short, documentation must be provided for all the assets included in the inventory in Spain.

However, if what is desired is the registration in the Land Registry of the assets in the name of the Heir in Spain, the only documents that the Registry accepts are public notarial deeds, so that, for this, the inheritance must be accepted before a notary, not being valid the private request, with only one exception, when it is a single heir.

In the latter case, when there is only one heir, the law allows the private document where the inheritance is accepted to have access to the Land Registry, and the ownership of the assets can be changed, without the need for a deed signed before a notary in Spain.

In order to do this, it will be necessary for a notary to legitimize the signature of the heir, thus attesting that the signature contained in the private document belongs to the heir.

 

If you have any queries about the private document of acceptance of inheritance in Spain, or about any accounting or tax issues, please do not hesitate to contact our offices, we will be happy to advise you.

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Wills in Spain for non-residents

Welex,  law and accountant firm on the Costa del Sol, has the pleasure to write a few lines about wills in Spain for non-residents.

If you have decided to grant your Will in Spain, we will explain briefly the types of wills that exist under Spanish law and the documentation that has to be presented to the Notary in order to sign the will.

 

First of all, you may wonder whether it is necessary to go to a Notary or not. In Spain we have the following types of Will as per the Spanish Civil Code:

-The Special Will, which includes the following wills: the military will, the maritime will and wills drawn up in foreign countries.

-The Common Will, which we are going to deal with in these lines.

The Common Will in Spain can be:

  • Holographic when the testator writes it himself and it can only be granted by adults. This document must be written entirely by the testator in Spain and signed, stating the year, month and day of signature. This will must be notarised within five years of the testator’s death in Spain.

Furthermore, the person who has this Will in its possession must present it to the competent notary within ten days of the day on which he becomes aware of the testator’s death. Failure to comply with this duty will make him liable for any damages he may have caused.

  • Open: this Will is granted in the presence of the Notary, who is aware of its contents.
  • Closed: in this case, the grantor does not reveal what his or her last will is, but declares that it is included in a document that he or she presents to the notary in Spain.

The most common Will in Spain is the Open Will before a notary. This Will is kept by the notary, who keeps the original in his or her possession and gives a copy to the grantor, and the will is also registered in the General Register of Last Wills. In this way, at the time of death, there will be a record of whether or not a Will was granted in Spain, and which was the last Will granted.

 

Each person will make his or her own will personally, and it is not possible for two or more persons to make a single will, nor can it be made through a representative or proxy.

In order to execute a will, it is necessary to present your identity card or passport to the notary so that you can be identified.

Foreigners may execute a Will in their own language, assisted by an interpreter of their choice. In this case, the Will will be drawn up in their own language and in Spanish.

Finally, bear in mind that the Will can always be modified and another Will can be made at a later date.

If you would like to know more information about wills in Spain for non-residents, or would like to make a legal, accounting or tax consultation, please do not hesitate to contact Welex lawyers, a leading law firm in Marbella.

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Criminal field IV: The jurisdiction of judges and courts in Spain

The place of the commission of the crime as a basic principle for the attribution of jurisdiction in Spain. Criminal lawyers in Marbella will inform you.

 

By Welex, your criminal defence lawyers in Marbella and multilingual barristers in Spain

 

Of all the investigating courts in Spain, how do you determine which one is competent to investigate a case in a judicial district? This is known as territorial jurisdiction. In these lines we will address the so-called forum comissi delicti, or place of commission of the crime as a basic principle for the attribution of jurisdiction.

 

Thus, the investigating judge of the place where the offence is committed will be competent to investigate the offence. However, the apparent transparency of this principle of attribution of jurisdiction is not without conflict situations, such as continuous crimes, those committed simultaneously in several places and those committed by the media.

 

At our criminal defence law firm in Spain you will find multilingual barristers in Marbella who speak your own language

Read more………

 

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Do you have any legal question?

At Welex we guarantee you a professional and individual treatment. All our professionals have years of experience in their field, which they put at your service with the aim of attending your affairs quickly and efficiently. Please contact us and we will be happy to advise you. (+34) 952 77 55 21 | info@welex.es

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