The will is the voluntary legal act in which a person can dispose of what has to be done after passing away with all or part of his assets. It is an act regulated by the juridical and legal system. There are a series of premises that must be met in the drafting of the will, for this reason it is vitally important to be properly advised in drafting it. From our extensive experience we know that no two wills are the same and that there are different formulas for each case. There are different types of wills, the so-called "common wills" such as, for example, the holographic will, the open will and the closed will. And there are also “special wills”, such as a military will, a maritime will or a will made abroad.

When a family member or third party with whom you are related passes away, it is important to carry out a series of steps and procedures, such as obtaining the death certificate from the Civil Registry, requesting a certificate of last will, participating in the inheritance, paying the Inheritance Tax and Capital Gains.

Sometimes the doubt assails us, "Is there a will left?" To find out, you can request the Certificate of Last Will, a procedure that must be done 15 days after the death and can be done by anyone who provides the required documentation.

In inheritance law, the legitimate is that amount of assets that the deceased cannot dispose of because it is reserved by law for certain heirs, called forced or legitimate heirs. The legitimate also indirectly affects transactions between living people. The legitimate in Catalonia, is a quarter of the inheritance to be distributed among all the legitimate and can be done in cash by delivering assets that are part of the inheritance. And it is the heir or heirs who are in charge of paying it.

All the children of the deceased are legitimate in equal parts. If any of them dies before the testator, or is disinherited, declared unworthy or absent, their part will correspond to their descendants. If the deceased has no descendants who have survived him, the parents are legitimate in half.

Yes, an inheritance can be renounced, in most cases because the deceased has left debts, for which it is not worth inheriting.

 The acceptance of the inheritance can be simple, so that the heir assumes the assets and the debts, which he will have to pay with his own patrimony, if necessary. Or acceptance for the benefit of inventory, in which the debts are paid with the assets of the inheritance and do not affect the heritage of the heirs.

 Inheritance tax must be paid during the 6 months from the death of the deceased. There is the possibility of requesting an extension during the first 5 months that would allow us to pay it in the following 6 months, once said extension has ended.

When conflicts arise between the heirs, such as one of them refusing to accept or rejecting the inheritance, it causes the distribution of the inheritance to be blocked. In these cases, you can go to a notary to require the heir to express himself about the acceptance or resignation of the inheritance within a period of 30 days.

The main difference is that in the inheritance, a percentage of all the assets of the deceased is received universally, for example, two apartments and a bank account. On the other hand, a legacy is inherited in a private capacity, for example, a specific house. This means that the heir assumes the rights and obligations of the deceased while the legatee only assumes the rights, not having to answer for the debts.

Living donations are usually made to avoid future arguments between the heirs on the inheritance and to obtain a tax reduction due to the 99% exemption of the Donation tax. Although we must bear in mind that donations are revocable due to ingratitude and that they can be discussed by the heirs. That’s why, from Helping Asesoría we analyse case by case and advise the best option for you.