Court Disputes over Inheritance in Spain
Objectives and necessity of a court claim over inheritance distribution in Spain
What you Should Know about Spanish Inheritance Claims
How is the Value of the Estate Determined?
If one of the heirs refuses to cooperate while an inventory of the estate is being drafted, the other party or parties may request a court to draw up such an inventory, which must contain all the assets and liabilities of the estate. In this event all parties involved, i.e., heirs, persons entitled to a compulsory portion, the surviving spouse, and creditors, are given the opportunity to state their views. If one party disagrees with the inventory, the proceedings will be interrupted, and a legal dispute will be initiated, during which the final decision on the accuracy of the estate inventory will be made by a judge.
How is the Value of Real Estate Determined?
Once the inventory of the estate has been finalised, the court appoints an expert to determine the value of the property. Additionally, an administrator is appointed with the task of preparing the distribution of the estate in accordance with the official ruling over the inheritance shares.
Can an Appeal be Made Against a Planned Distribution?
Once the estate inventory has been compiled and the value of the assets has been assessed, all parties have ten days to object to the proposed distribution. If an appeal is lodged, further litigation will be initiated with a view to resolving this dispute.
How is the Estate Divided?
Once the third stage has been completed ‒ either by mutual agreement or by court judgement ‒ the actual distribution of the assets will be conducted. In such a case, an heir might receive an entire property in Spain but would need to compensate the other heirs or persons entitled to a compulsory portion accordingly.
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Att. Dr. Jacinto Soler-Padró
Your specialist for inheritance law
Tel.: +49 (0)172 / 923 1838
Settling an estate in Spain can be complex and demanding. There are a number of legal and administrative hurdles that need to be overcome. We can help you further.
Overview Topics Spain
Inheritance law
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Law on compulsory portions
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Inheritance action
Find out now about the most important questions regarding an action to divide the estate in Spain: How is the amount of the estate determined? Is it possible to appeal against a planned division?
Giving away property
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Inheritance tax
Find out now about the most important issues regarding inheritance tax in Spain: In which cases is Spanish inheritance tax applied? How high is inheritance tax in Spain?
Your specialist for inheritance law
Att. Dr. Jacinto Soler-Padró
- Lawyer and economist
- auditor
- founding member of the German-Spanish Lawyers' Association
- co-operation partner of the law firm
- Languages: Spanish, German, English
- Registered office: Barcelona
- Location: Barcelona and Mallorca
- Tel.: +49 (0)172 / 923 1838
