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When a family member dies, in addition to the grief of their loss, we are faced with all the paperwork and procedures that must be carried out after their death. And, although inheritance can be something positive on an economic level, it also has its complications.
The best way to deal with the inheritance is to instruct a family lawyer.
Why you should instruct a lawyer for your inheritance
Inheritance law is regulated in the Civil Code and other regional laws, so there are some differences in inheritance law between the different regions.
The family lawyer is familiar with the special features of this legal form and will proceed in accordance with the applicable regulations when it comes to inheritance
Tasks of the family lawyer
The main functions of the family lawyer in inheritance management are:
- Compilation of the documents. Before the formalities relating to the inheritance are completed, all the necessary information must be collated. The heirs must submit documents and obtain further documentation from the relevant authorities. This is a difficult phase that the lawyer, with his experience, must master in the shortest possible time in order to compile the documents.
As soon as the documents are available, the certificate of inheritance is drawn up.
- Management of intestate succession. This is what must be done when the deceased has not made a will. The Civil Code establishes the order of succession and specifies the order of succession between the different family members.
The process is quite complex and the family lawyer must inform the heirs and clear up any ambiguities in order to avoid conflicts.
- Inheritance with a will. The deceased can freely dispose of part of his or her assets, but another part must go to the forced heirs. This is the compulsory portion.
The lawyer must ensure that each heir receives his or her share in accordance with the law and what the testator has established.
- Contesting the wills. The family lawyer checks whether his client’s rights have been respected in the will. If this is not the case, he advises the person to contest the will in court, represents them in the legal dispute and accompanies and informs them throughout the entire process.
- Payment of inheritance tax. Inheritance tax must be declared and paid when an inheritance is received. The amount of this tax depends on the Autonomous Community in which the inheritance is received and the degree of consanguinity of the heirs.
The family lawyer advises the heirs on all questions relating to tax payment.
- Distribution and liquidation of the inheritance. A document must be drawn up reflecting the distribution of the inheritance among all heirs. It is drawn up by the lawyer and signed by all parties, confirming the agreement on the distribution.
Once each heir has received their share, all the formalities for the transfer of ownership and the registration of the assets and debts received must be completed. Here too, the advice and support of a lawyer is essential.
The entire inheritance process can be very complex, especially if it is made up of a large estate and if there are many people who can exercise rights over it. The family lawyer organises the procedure in order to avoid conflicts and ensure compliance with the applicable regulations.
How to choose a good family lawyer to manage an inheritance?
In order to select the person who will act as family lawyer and be responsible for the overall administration of the inheritance, it is advisable to know a little about that person’s professional background.
The family lawyer must fulfil the following requirements:
- Specialization and experience. One of the most important aspects is the specialization in family and inheritance law, so that he/she is familiar with the work in this area and knows the local and regional laws in detail.
- References. To ensure that they do their job properly, you can ask for references and recommendations from other previous clients. Law firms themselves can give you people to ask and you can also check social media.
- Interview. Before deciding on one lawyer or another, it is best to arrange interviews with them. This way you can compare their different ways of working, listening skills, communication skills and approaches.
- Fees and other costs. When comparing different lawyers, it is also important to take into account the fees and the total amount to be paid for the management of the inheritance.
If you receive an inheritance, it is essential to seek legal advice from a family lawyer. They know the various applicable laws and regulations, advise the heirs and take care of the entire process from start to finish. However, it is important to choose a good family lawyer.
Further information
This article is part of our service Inheritance in Spain. Visit this section where you will find all the useful information on this topic, including a complete guide on Inheritance in Spain with a non-resident, expat or foreigner.
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