Wills, Inheritance and Gifts
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Wills
Make your will with full legal certainty
Declaration of Heirs
Obtain the notarial declaration of heirs
Estates
Acceptance and distribution of estates
Gifts and donations
Transferring assets free of charge during your lifetime
European Certificate of Succession (Certificado Sucesorio Europeo)
Document for cross-border estates within the EU
When someone dies without a will, their legal heirs have to be determined, which means a DECLARATION OF INTESTATE HEIRS is required.
Which notary is competent
The first thing to bear in mind is that the notary must have jurisdiction to handle the declaration of heirs.
Criteria that determine jurisdiction:
- The place where the deceased died.
- The deceased's last domicile or habitual residence.
- Where the greater part of the estate is located.
- A notary in a district adjoining any of the above is also competent, at the applicant's choice.
Law applicable to the succession
Once the notary's jurisdiction is settled, the next essential step is to establish the law applicable to the succession, which turns on the deceased's nationality and residence.
Who must attend the signing
The applicant, who may be anyone with a legitimate interest, attends the signing of the declaration of heirs accompanied by two witnesses. Not all the heirs need to come and sign. Since two witnesses must attend, it helps to send us their identity details in advance. The witnesses may be relatives, PROVIDED THEY HAVE NO DIRECT INTEREST IN THE DECLARATION OF HEIRS.
Documents specific to the declaration of heirs
The notary's office may ask for further documents depending on the specifics of each transaction and the applicable rules.
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