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
Document for cross-border estates within the EU
What it is
A gift is the act by which one person, the donor, transfers an asset to another, the donee, free of charge. For property it requires a public deed in order to be registered and take full effect against third parties.
Steps in the process
Define the subject matter and conditions
What is being given, to whom, and whether there are any charges or conditions such as a reserved life interest, reversion or a ban on disposal.
Check ownership and encumbrances
Verify who owns the property, what encumbrances it carries and its current status.
Drafting the deed
With the donee's acceptance, usually at the same time.
Signing at the notary's office
Donor and donee sign the deed before the notary.
Afterwards
Gift tax, municipal capital gains tax where applicable, and registration at the Land Registry.
Required documents
Identification of the parties
- DNI, NIE or passport of donor and donee.
- Marital status and matrimonial property regime, which matters a great deal if the property is jointly or separately owned.
Documents about the asset
- Title to the asset, meaning the deed or Land Registry details.
- For property: cadastral reference and IBI property tax receipt.
Special conditions
- If a life interest is reserved or there are encumbrances: the details and, where relevant, supporting documents.
- If minors or people lacking capacity are involved: documents and sometimes court authorisation, depending on the case.
Representation
If there is a representative: the power of attorney.
The notary's office may ask for further documents depending on the specifics of each transaction and the applicable rules.
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