Inheritance lawyers in Barcelona

A declaration of heirs on intestacy has to be obtained before a notary, also where those entitled are siblings, nephews and nieces or other collateral relatives (article 55 of the Ley del Notariado, as amended by Ley 15/2015). The person applying can choose the notary of the deceased's last domicile or habitual residence, of the place where most of the assets are, or of the place of death.

A quarter of the value of the estate, and it goes to the descendants and, failing them, to the parents. In Catalonia the spouse or cohabiting partner is not entitled to a legítima, although they do have rights of their own such as the universal life interest or the widow's quarter.

Six months from the death, extendable by a further six if the extension is applied for before the first five have passed. The plusvalía municipal follows the same time limit.

It depends on the deceased's assets and debts. Accepting outright means becoming liable for the debts out of your own assets as well; accepting subject to inventory limits liability to the assets inherited.

There are routes: the testator's lack of capacity, defects of form, the omission of a person entitled to a legítima, a shortfall in the legítima or valuation errors. The time limits vary according to the ground and the date the succession opened.

If the deceased had Catalan civil residence: first, the children and other descendants; if the deceased had a spouse or stable partner, he or she is entitled to a life interest (usufruct) over the whole estate. If there are no descendants, the spouse or stable partner inherits (unless they were separated), and the parents keep their legítima. If there is no spouse or partner either, the parents inherit and, failing them, the other ascendants; then siblings and nephews and nieces and, if there are none, other collateral relatives up to the fourth degree. Failing all of them, the Generalitat de Catalunya inherits (articles 442-1 to 442-12 of the Código civil de Cataluña).

The full death certificate; the certificate of last wills, which can be requested fifteen working days after the death; a certified copy of the will if there is one; the DNI or NIE of the deceased and of the heirs; the deeds or land registry extracts (notas simples) of any property; and balance certificates from banks and insurers as at the date of death.

They should work with the Código civil de Cataluña, because the legítima, the rights of a surviving spouse and intestate succession differ from the Spanish Civil Code; they should explain the scope of the work and the fees before starting; and they should be registered with a Bar, which you can check with the Colegio de la Abogacía. At Ajuridic, the principal, Noemí Ampurdanés Parés, is a lawyer registered with the ICAB under no. 22359.

A property or bank account in Spain is dealt with in Spain: the will or the declaration of heirs, acceptance, usually by notarial deed, inheritance tax and registration at the Land Registry. Under the EU Succession Regulation, which Spanish authorities apply whatever the deceased's nationality, the law that governs the estate is generally that of the deceased's last habitual residence, unless they chose the law of their nationality in their will. A non-EU country's rules may in turn send the matter back to Spanish law, so it is checked case by case. If the law of another country applies, you may need a professional from that country to confirm its content, since Ajuridic advises on Spanish and Catalan law only. A solicitor or attorney in your country can deal with the side there; in Spain it is an abogado, and Ajuridic can handle the Spanish side in English. More on how Spanish lawyers compare with solicitors and attorneys.