Inheritance without a will: Who gets what when there is no written will?
Dying without a will is not just a personal tragedy; it is a poisoned chalice for those left behind. In Spain, if you do not set out your final wishes in writing, the law decides for you. And the law takes no account of verbal promises or who looked after whom right up until the very end.
We see families falling apart over a house or a bank account simply because there wasn’t time to go to a solicitor. But there is a legal way to sort out the mess.
Quick guide: What happens if there is no will?
When someone dies without leaving a will (what we legally refer to as intestate succession), statutory succession is automatically triggered. This is neither an automatic nor a free process; it requires a mandatory procedure known as the Declaration of Heirs.
The order of priority for inheritance under the Civil Code is strict: first the children and descendants; failing that, the parents and ascendants; then the spouse; and finally, siblings and nephews and nieces.
The real headache is not just who inherits, but the deadlines. Inheritance tax does not wait for the family to reach an agreement, and the clock is ticking against you from day one.
The difference between a managed inheritance and an unmanaged inheritance
Managing an inheritance with our support means legal efficiency. We handle the declaration of heirs so you don’t have to waste months on endless paperwork. Meanwhile, an unmanaged inheritance often results in bank accounts being frozen by the bank and fines from HM Revenue & Customs for filing tax returns late (the general deadline is six months).
Furthermore, having expert mediation prevents family disputes. We act as the professional arbitrator who prevents heirs from ending up in lengthy, costly and emotionally draining court cases. We seek out the necessary tax relief so that you do not pay a single euro more than you should for what rightfully belongs to you.
Don’t inherit a problem; inherit a solution
David Carr Alemán
Dealing with an inheritance is difficult enough without having to contend with Spanish bureaucracy. At our firm, we take care of everything: from locating assets and debts to handling certificates and settling taxes.
Are you dealing with an inheritance where there is no will?
Don’t let time decide for you
We carry out a thorough search for assets.
We handle the declaration of heirs swiftly.
We handle inheritance tax efficiently and securely.
