FAMILY | WILLS & INHERITANCES
We will guide you in every step of the way for your family issues, especially on Wills and Inheritance. The inheritance process in Spain might be short and brief or it might take several months, and it mainly depends on how fast the necessary documents are provided.
FAMILY
In Emilio Mora & Associates we have a team of expert Family Lawyers, who aim to take some of the pain out of dealing with Family Issues such as divorce and custody of Children. Our team boasts an English qualified Solicitor which means that we can deal competently with cross border issues, and you can also make both your English and Spanish wills with us.
​
​
WILLS
If you own any kind of assets in Spain it is highly advisable to sign a Will according to Spanish legal formalities, it will save a lot of time and hassle for your heirs. Otherwise, when the time comes, they will need to apply for a Grant of Probate and other documents might be necessary, plus sworn translation and the Apostille of the Hague stamped on each document. The cost, in money and time, of signing a Spanish Will, is going to be much more affordable than going through all this paperwork.
A Spanish Will can be signed before a Public notary and, although there is another way, this is the easiest and advisable way to do it. We can help you to draft the Will to reflect your wishes, locate a Notary and assist you during your meeting as Solicitors and translators. There are plenty of available Notaries in Madrid, Barcelona and Malaga, we can also arrange an appointment at your convenience.
INHERITANCE
The inheritance process in Spain might be short and brief or it might take several months, and it mainly depends on how fast the necessary documents are provided. As explained in the below paragraphs, a Spanish Will makes things easier, but in any case, we will be there to assist you and smooth out the whole ordeal. If there are properties involved, we will have to sign Inheritance deeds before a Public Notary.
Otherwise, a private acceptance document might suffice, and this will reduce your heir’s costs. There are also taxes involved and it is essential to pay them within a 6-month deadline to avoid any fines. Nevertheless, an extension of another 6 months can be requested. The amount to be paid will depend on the heir’s relationship to the deceased. For example, in Murcia area children have a 99% tax relief.
​
Among the documents we will need to assist you are:
-
A copy of your property deeds
-
Bank account details and contact details
-
If the deceased owned a vehicle, the original paperwork.
-
A copy of your National ID card or Passport
-
A copy of the deceased Spanish Will, if there is one.
-
Death certificate
-
Grant of Probate, if necessary.
​
Among the most requested services are the following:
-
Separation, divorce and annulment
-
Mediation in disputes arising from the Law of family and/or succession
-
Child Custody
-
Adoptions
-
Wills, both Spanish and English
-
Contentious Probate
​
​