Inheritance & Wills Lawyers
Inheritance & Wills in Malaga
Our firm provides comprehensive legal advice on succession law.
In this area of civil law, which usually generates a large number of conflicts, it is essential to have good information from the outset in order to avoid future problems.
Advice should not only be provided to the estate’s beneficiaries for the inheritance procedure, but also to that who wishes to make his/her will from the moment of the drafting of the will, with prior consultations and guidance in order to ensure that the testator’s directions are in accordance with the law.
After someone’s death, it is also necessary to provide professional guidance to the deceased’s heirs, who, after the hard episode experienced by the loss of a loved one, are under great pressure and must prepare countless documents and deeds that they do not know.
That is why the need arises, more than ever, to have a good professional who will make all this arduous process easier.
Our Inheritance and Probate Services
In some events, it is necessary to resort to inheritance litigation, for example, when it is necessary to claim for legitimacies and inheritance rights that are not being taken into account, or to reduce certain donations for being inofficious, or to contest wills or partitions.
LAST WILL & TESTAMENT
- Preliminary advice.
- Administrative processing of last wills and testaments.
- Declaration of intestate heirs in the absence of a will.
- Drafting of the deed of acceptance and distribution of the estate.
PROBATE MATTERS
- Inheritance litigation.
- Claim for legitimacies and inheritance rights that are not being taken into account.
- Reduction of certain donations for being inofficious.
- To contest wills or partitions.
TAXATION & INVESTMENTS
- Advice on tax issues of succession law.
- Investment advice for heirs.
Hiring our services as your inheritance & will lawyers is a plus
In some cases, a wealth manager is necessary to advise heirs on the best way to invest their wealth, and such an expert is also available in our team.
On other occasions, there will also be the need for an expert in large investments, who is also available in this office, i.e., a wealth manager who will advise the heirs on the best way to invest their assets.
Why Hispasell Lawyers?
Hispasell is unique thanks to its team of professionals, including experienced inheritance lawyers, as well as sworn English translators to facilitate smooth communication.
Dealing with an inheritance after the loss of a loved one can be difficult. We, Hispasell Lawyers, are here to help you, advise you and deal with the whole procedure, from start to finish.
Practice Areas
Invest in your peace of mind! Hire the services of our law firm so that we can advise you and take care of all the necessary procedures and formalities for the purchase of your property, with all the guarantees of your new home, or when you decide to sell your property.
Leave all your real estate matters in the best hands!
Our team of lawyers will resolve any doubt you may have regarding an inheritance, whether testate or intestate. We can also advise you on the distribution of your estate and the preparation of your will.
In addition, we can also offer you our services for the completion of all the necessary legal formalities in this regard.
How we work?
Start
We get to know each other, listen to you and gather information
Development
We plan the strategy, we act and we accompany you all along the way
Outcome
We will do all our best to achieve the objectives and we will always be there for you
NOT ALL LAWYERS ARE SUITABLE TO ASSIST YOU IN INHERINTANCE AND WILLS MATTERS
We advise on inheritance and private international law
At present, according to EU law, in the event of succession upon death, the criterion for determining the law applicable to the succession is the domicile or residence of the deceased instead of his/her nationality.
In practice, this means that on many occasions, two different succession systems are involved, which requires the advice of professionals in international law from the countries in question who must coordinate with each other and ensure compliance with both regulations.
In this way, our team offers a comprehensive service to foreign or EU citizens who have decided to acquire a property in Spain. Although to make a Spanish Last Will and Testament is not necessary, it is advisable for those non-residents who own property in Spain.
In this sense, making a Spanish Will for assets located in Spain does not eliminate the need to make another one for assets located in the testator’s country of origin, but both Wills are perfectly compatible, as they regulate estates located in different countries.
The advantages of making a will in Spain for the heirs
Thus, for example, Spanish wills can be executed immediately, whereas normally in the United Kingdom or Ireland the process is much longer as there is no direct execution, which means that they have to be legalised, accredited as the last will and testament granted, translated and apostilled.
In practice means that when a will made by a foreigner in his or her country of origin can be executed in Spain, the 6-month deadline established as a limit for payment of inheritance and gift tax in Spain might have expired, which would generate penalties and fines for the delay, ranging from 5 to 15% if it is paid within the following 12 months, and even 20% if it is paid after this period has elapsed, all of them to be paid by the heirs.
The execution of a Spanish Will before a Notary Public is a private and totally secure act.
The Will is entered into the Notary Public’s records and then transferred to a central probate registry located in Madrid, called Registro de Ultimas Voluntades (equivalent in the UK to the Principal Probate Registry).
This registry is particularly relevant and useful, as at the time of death, it will determine when the Last Will and Testament was made by the deceased and the notary who holds the Will.
It must be taken into account that during the life of the deceased several wills can be made, and that the last valid Will revokes all former ones.
Once the original death certificate, the certificate of insurance coverage, the certificate of Last Will and Testament [Probate Certificate] and a certified copy of the Will have been obtained, the heirs will be in a position to execute before a Notary Public with our assistance the Deed of Distribution and Acceptance of the Estate, payment of taxes and registration with the Land Registrar of the property -if any, distributed to them.
The European Succession Regulation No 650/2012 of 4 July 2012
The European Succession Regulation No 650/2012 of 4 July 2012 facilitates the processing of inheritance and simplifies the probate of wills for citizens of the European Union, except for Ireland and of course Great Britain, which are already out of the EU due to Brexit.
This Regulation establishes as the law applicable to the succession the law of the testator’s usual residence and not that of his nationality.
It is a different matter if the testator specifies in his will that he wishes the law corresponding to his nationality to apply.
“Therefore, you need one of our lawyers who will offer you specialised advice on inheritance and wills, and all this without any communication problems because you will be accompanied by a sworn English translator”.
Ready to get answers from a qualified lawyer?
Our head office is located in Malaga capital city; however, we offer our services both in the entire province of Malaga and the other provinces located in the south of Spain.
By the way, do you want to know which the best decision is? Contact us without any commitment and see for yourself.
We are waiting for your enquiry! Go ahead!
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