Legal Services for Inheritances and Successions
IN DIEM Abogados Wills and Inheritances prioritizes the individual, which is why we offer legal assistance services for those facing an inheritance or needing to draw up a will, as well as those who require a succession planning study for the future.
Among the succession legal services offered by IN DIEM Wills and Inheritances, the following are noteworthy:
- Study and advice on assets with a view to planning succession through a will. This analysis will allow, at the time of succession, not only for the testator’s true wishes to be carried out but also for the possibility of reducing the expense related to tax payments. Digital asset planning (Email, Social Networks, Websites, Domains, Files…) is also provided for.
- Obtaining the necessary certificates and documentation for processing the inheritance.
- Preparation of the inventory of assets and liabilities comprising the inheritance.
- Legal assistance in case of recourse to judicial proceedings (judicial declaration of heirs, lawsuit for division of inheritance…)
- Preparation of partition deeds, assistance in the liquidation of the inheritance and the adjudication of assets.
- Analysis, calculation, and processing of Inheritance Tax and Capital Gains Tax.
- Invalidating wills, in whole or in part, through challenge, for being contrary to the true will of the deceased or executed through fraud, coercion, lack of testamentary capacity, with errors in execution, among others.
Likewise, IN DIEM advises and provides services in digital wills.
The Will
A will is the act by which a person disposes of their assets or part of them after their death.
Its main characteristics are that it must be a highly personal, unilateral, free, formal, and revocable act. This means, respectively, that it must be a personal and non-delegable act; it is an act in which no one other than the testator can declare their will; an act in which one cannot act against one’s own will or through fraud; an act that requires solemnity in its forms; and that it can be annulled by the testator’s own will, whenever they so desire.
There are many types, such as open, closed, holographic, military, maritime, and foreign, with the first two being the most common.
A will must primarily be executed before a notary who, as a public official, records the testator’s will (except in the case of a closed will), their capacity, and the place and date of execution.
Any person can make a will, provided they meet the requirements. There may be cases where a person requires additional assistance from an interpreter, in case of communicative disability or a foreign language, or requires medical professionals to recognize an incapacitated testator.
A will allows assets and rights to be distributed as preferred, always respecting the strict legal portion, corresponding to one-third of the total. However, there is more freedom regarding the one-third for improvement and the one-third for free disposal, and legacies that respect the mass of assets corresponding to the heirs are permitted.
Executing a will avoids intestate or will-less inheritances, which require a declaration of heirs to determine who will dispose of the inheritance assets, should they accept it, and subsequently, an equitable distribution of the inheritance according to law.
Inheritance
refers to the assets, rights, and obligations that are transferred to other persons upon the death of the deceased. An inheritance can be accepted purely and simply, accepted with benefit of inventory, or renounced.
Once all heirs declare their willingness to accept or renounce the inheritance, and after the inventory and appraisal of assets and liabilities have been completed, the partition proceeds through the liquidation of the inheritance and the adjudication of assets. At this point, and after paying the corresponding taxes, the assets are delivered.
