If you need an expert lawyer of succession Law in Málaga, in Roji Abogados we will advise you in any case you think you are a legitimate heir or you may think you have any right from the succession.
After the decease of a person, the heirs must take some legal steps in order to obtain the official declaration of legitimate heirs, and proceed to the distribution and division of the inheritance.
In case there is not any conflict of interests between the heirs, the necessary procedures would have lest cost for the successors and they would be faster than in any other case. When there is a conflict or disagreement between the heirs, the process will be longer and it could lead in a judicial procedure.
Hence, with the existence of an agreement between the legitimate heirs, legatees, widow / widower, and any creditor, we prepare the appropriate acceptation of the inheritance in a Public deed in the Notary that will lead in the distribution of all the assets and rights contained in the patrimony of the deceased. If there would not be possible to enter into an agreement, we initiate the judicial claims for the adjudication and division of the inheritance.
Many people prefer to write their will or testament during their life. In this situation, is very important to be advised by a Lawyer expert in succession Law, in order to assure that the will and intention of the testator will be followed.
Our Lawyers, anticipating any succession proceedings for the division of the inheritance, will prepare your last will, reflecting your personal requests to the special circumstances of the situation. We evaluate reasons for disinheritance, mandatory legitimate part, domicile of the deceased, etc. If it is needed, we will guide you on the process of proving and validation of a holographic will.
At the same time, we can legally dispute a testament, will partitions, distributions of the inheritance on your behalf, evaluating the possible nullities and the process of going into hotchpot to be requested the Court.
These actions should be brought within the limitation periods and taking into account the renounces and cessions of rights. There is also a limitation period in order to liquidate the appropriate inheritance taxes that it should be taken in consideration.
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Heirs / inheritors: The ones who receive a share from the deceased’s patrimony.
Forced heirs / inheritors: The ones that the law recognizes their right to inherit, at least one third of the deceased’s patrimony. They are the sons and daughters of the deceased (or the descendants), and in the case of the non existence of the mentioned, the ascendants.
Wills and testaments: The testament is a document that reflects the last will of a person, meaning the intention of that person about his / her patrimony to be distributed when he / she passes away. There are various forms of testament and it is recommended that they will be appropriately written and registered in order to avoid future conflicts between the successors.
Inventory benefit: It is a legal formula that allows the inheritors to accept the inheritance without the obligations that it could arise after the death of the deceased. In the case there would be passive obligations in the inheritance, the inheritors would receive the remaining part of the assets. If the obligations are bigger than the patrimony, the inheritors would be free of them.
Challenging a testament: When the inheritors do not agree with the distribution of the inheritance or any other disposition of the said, and also when someone considers that he / she has any rights in relation to the inheritance. The impugnation of a testament is a judicial procedure in which the Judge will render a judgment with the solution, after he / she has revised all the proves and evidences of the case.
In order to impugn a testament, it is necessary to be assisted by a Lawyer and a Procurator. In Roji Abogados we offer you all the support you need with the aid of our inheritance expert Lawyers.
Declaration of inheritors: When a person passes away without any known testament or last will, the ones that consider to have rights over the inheritance must obtain the adequate declaration of rights, in which they will be recognized publicly as inheritors. This document could be obtained with the cooperation of a Notary Public once all the necessary documents and evidences have been obtained.
Usufruct: It is possible to stablish a usufruct over an asset in favour of any inheritor with the testament. It is usually conceded to the surviving spouse. The usufruct gives the right to use a property without the need of the ownership, other person will be the proprietor while the usufructuary uses and enjoys the property. It is common that the surviving spouse has the usufruct right over the property while the descendants are the proprietors.
How can we help you? In case you need legal assistance, please do not hesitate to contact with our expert lawyers in inheritances and succession law.