Services we offer as inheritance lawyers in Girona
- Will planning and drafting
We assist you in drafting clear and personalized wills, avoiding future conflicts or misunderstandings.
We ensure that the will complies with the current regulations, including the provisions of the Civil Code of Catalonia, to reflect your wishes unambiguously.
- Acceptance and Distribution of Inheritances
We manage the drafting and processing of the necessary documents for the acceptance of inheritances, both individually and collectively.
We ensure the fair distribution of assets among the heirs, avoiding tensions and ensuring a smooth and just process.
- Mediation and Resolution of Heir Disputes
We promote agreements through mediation, offering quick solutions to avoid lengthy and costly litigation.
If consensus cannot be reached, we firmly represent your interests in court, ensuring a fair solution in accordance with the law.
- Inheritance Tax Processing
We advise you on calculating and filing the Inheritance and Donations Tax, applying available reductions and exemptions in Catalonia.
We handle all documentation with the Tax Agency, ensuring the process is correct and avoiding penalties or tax issues.
- Intestate Inheritances
If no will exists, we manage intestate inheritances following the succession order established by the Civil Code of Catalonia.
We ensure that all heirs receive their legal share, guaranteeing a transparent and respectful process.
- Renunciation of Inheritance
We advise you if you decide to renounce an inheritance, especially in cases where inherited debts exceed assets.
We manage all formalities to legally and smoothly process the renunciation.
- International Inheritance
If heirs or assets are located abroad, we help manage the succession with knowledge of applicable international laws.
We coordinate procedures between countries to ensure your rights are respected at all times.
Applicable Regulations
In Spain, inheritances are regulated by the Spanish Civil Code and various regional legislations, such as the Civil Code of Catalonia, which introduce significant differences depending on the region. Catalonia has its own succession system, often presenting notable differences compared to national regulations. Below, we detail the most relevant aspects of each:
1. Spanish Legislation: The Spanish Civil Code
The Spanish Civil Code (articles 657 to 1087) regulates inheritances in autonomous communities that do not have their own civil law. Some of its main characteristics include:
- Testamentary Succession
The will is the primary method for organizing succession.
Freedom to test is recognized, but with limitations derived from the legitimate portion, a part of the inheritance reserved by law for forced heirs (descendants, ascendants, or spouse).
- Legitimate in Spain
Represents two-thirds of the inheritance in most cases:
- One-third strictly reserved for forced heirs (strict legitime).
- One-third of improvement, which can be assigned to one or more forced heirs.
- One-third free disposal, which the testator can leave to anyone.
- Intestate Succession
If no will exists, the Spanish Civil Code establishes a clear order of succession:
- Descendants.
- Ascendants.
- Spouse.
- Siblings and nephews.
- Other collateral relatives.
- The State, as a last resort.
- Inheritance and Donations Tax
Regulated at the national level, but autonomous communities have the authority to establish reductions and exemptions, resulting in notable differences in the tax burden between regions.
2. Catalan Legislation: The Civil Code of Catalonia
The Civil Code of Catalonia (Book IV: Successions) is the regulation that governs inheritances in this region and presents important differences compared to the national system:
- Testamentary Succession
Freedom to test is recognized with its own regulation of the legitimate portion, more flexible than the national system.
The will can be formalized before a notary, either open (notarially attested) or closed (private).
- Legitimate in Catalonia
The legitimate is smaller than in the national system, representing only a quarter (25%) of the inheritance.
The legitimate heirs are exclusively the descendants (children and grandchildren). If none exist, the parents are entitled to the legitimate portion.
The spouse or domestic partner has no right to the legitimate portion, but does have other inheritance rights (such as the right to usufruct).
- Spouse or Domestic Partner Rights
The spouse or domestic partner is entitled to universal usufruct of the inheritance or a quarter of the inheritance in full ownership, according to what the will establishes.
This right prevails even in the absence of a will.
- Succession Agreements
Catalonia recognizes succession agreements, which are contracts between the testator and heirs to establish in advance the distribution of assets.
This mechanism, absent in the national system, provides greater flexibility in inheritance planning.
- Intestate Succession
In the absence of a will, the succession order is:
- Descendants.
- Ascendants.
- Spouse or domestic partner.
- Siblings and nephews.
- Other collateral relatives up to the fourth degree.
- The Catalan Government, as a last resort.
The succession system in Catalonia offers more flexibility in inheritance planning, especially due to its more permissive regulation of the legitimate portion and succession agreements. However, the differences with the national system make it essential to work with a specialized lawyer who is deeply familiar with both the regional and national regulations to ensure proper management of the inheritance and avoid legal or tax issues.
Why choose us as inheritance lawyers in Girona?
- Experience and Specialization: We have handled a wide variety of cases, from simple inheritances to complex successions, achieving satisfactory results for our clients.
- Personalized Service: We listen to your needs and design a legal strategy that fits your case.
- Knowledge of Catalan Law: We are experts in the Civil Code of Catalonia and its particularities, ensuring that every detail is treated with legal precision.
- Conflict Resolution: We prioritize mediation to avoid disputes, but if necessary, we represent you in court with professionalism and firmness.
- Comprehensive Advice: We accompany you every step of the way, from testamentary planning to final distribution, covering all fiscal and legal aspects.
Contact expert inheritance lawyers in Girona
Don’t let managing an inheritance become a problem or a source of family conflict.
Trust our specialized lawyers in Girona to guarantee an efficient, clear, and hassle-free process.
Contact us today! We’ll find the best solution for you and your family, because your assets and peace of mind are our priority.
