Inheritance Services
on the Costa del Sol (Torremolinos and Marbella offices) and Ibiza
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Fixed budgets and engagement letters from the start.
Expert lawyers in inheritances and wills.
Extensive experience in inheritance issues.
Our family lawyers have the necessary experience and professionalism to handle your inheritance case with the required efficiency. Inheritance matters are often complex family issues, so consulting a specialist lawyer is essential to address all legal nuances and take advantage of possible reductions and exemptions available.
Do not hesitate to contact our team of lawyers to resolve all your doubts and proceed with the necessary legal actions.
We are your trusted lawyers
Choose experience and professionalism.
At Toscanolex, we are specialists in inheritances and wills in Torremolinos, Fuengirola, and Benalmádena. We defend your interests to ensure a proper division and allocation of the inheritance to the rightful heirs, whether agreement is reached or disputes arise. We will work to find common ground and achieve a solution that is as beneficial as possible for all parties involved.
Information of interest about inheritances
Who are the heirs?
The main heirs are the legal heirs: Children and descendants with respect to their parents and ancestors, as well as the surviving spouse. It may happen that there are no legal heirs, in which case, through a will, the deceased can allocate all or part of their assets to any qualified person.
Inheritance dissolution: Is there a will?
The first question is to determine if the deceased had a will. This information can be verified from the register of last wills by submitting the will certificate. The following possibilities arise:
IF there is a will, you will need to go to the notary either who granted the will or who has the notary protocol, or if the will is over 25 years old, to the general archive of protocols.
IF there is no will, in this case, the process of formalizing a notarization act for the declaration of heirs will begin. It is necessary to prove to the notary that the person has died, that they had no will, and who their heirs are. Once the notarization act is formalized, it is sent to the notarial college, where it will be held for 30 days to see if another heir has initiated or completed the same process. If no one else applies, the notarization act will be closed after a month.
What happens to the debts?
Debts are obligations that, like assets, are also inherited, whether known or unknown. It is advisable to investigate before accepting an inheritance, and if in doubt, accept it “under benefit of inventory.”
The process of distributing an inheritance can be complex and may give rise to family tensions. At Toscanolex, we offer comprehensive advice on inheritance planning, wills, and statutory entitlements, ensuring that the wishes of the deceased are respected in accordance with the law. We support you throughout the process, from drafting wills and accepting inheritances to managing associated tax obligations, ensuring a smooth and transparent procedure.
Will Preparation and Advice
We assist in drafting clear and legally binding wills, ensuring that your final wishes are faithfully carried out.
Declaration of Heirs
We manage the legal procedures required when no will exists, identifying legitimate heirs in accordance with the law.
Acceptance and Distribution of Inheritance
We facilitate agreements between heirs to ensure a fair and peaceful distribution of assets.
Inheritance Disputes
We protect your rights in the event of disputes, challenges to wills, or disagreements between heirs.
Additionally, we offer advice in the following areas:
Judicial Division of the Inheritance
When heirs fail to reach an agreement on asset distribution, we represent your interests in court proceedings to divide the estate.
Disinheritance and Contesting Disinheritance
We provide legal guidance on disinheriting heirs and represent your interests in cases where disinheritance is contested.
Renunciation of Inheritance
If you choose to renounce your inheritance, we guide you through the process, ensuring that all legal procedures are correctly followed.
Allocation of Assets
We oversee the allocation of assets among heirs, ensuring the rights of each party are respected.
Notarial Deeds
We assist in the preparation and signing of notarial deeds required to formalise the distribution of the inheritance.
Advice and Settlement of Inheritance Tax
We help calculate and settle Inheritance Tax, ensuring compliance with tax obligations in an efficient and optimised manner.
Registration of Property in the Land Registry
We manage the registration of inherited properties in the Land Registry, ensuring that all procedures are completed accurately and effectively.
Partition Book
We prepare the partition book that outlines the distribution of assets, ensuring that the process is clear, transparent, and legally valid.
Notarial Assistance
We accompany you throughout the notarial process, ensuring that everything is conducted in accordance with the law and with complete transparency.
Do you need help?
Rely on Toscanolex Lawyers
