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Wills, Accepting an Inheritance, Repudiating Inheritance

Causes of Disinheritance

The law forces us to leave a part of our property to a "forced heir"

Judicial declaration of heirs

Legitimacy is attributed to those who consider themselves entitled to succeed

Perfect Planning

of the Inheritance Tax of Family or Business inheritances

Other inheritances

International Residents and Non-Residents

1º) What happens when there is no will?

In cases where there is no will, the law establishes who are the heirs of the deceased. In the first place the descendants and if there are none, the anscendants, and if both have died, the inheritance will go to the grandparents, and in their absence, to the great-grandparents.

Secondly, the spouse, who without a will, only inherits if there are no descendants or ascendants.

Thirdly, siblings, in equal parts. If any have died, their children. In 5th place, cousins. And in 6th place, if there are none, it will be the State that will keep the goods.

An affidavit or legal proceedings can be lodged.

2ª) What to do when someone dies?

It is very important, not to forget, that in the 6 months following the death, inheritance and gift tax must be settled, as must municipal capital gains tax.

3º) Can assets be inherited and not debts?

In accepting the inheritance under benefit of inventory, once the deceased's debts have been paid, the heirs receive the rest, but do not respond with their own wealth.

4º) Is there a deadline for accepting the inheritance and share out the estate?

There is no time limit either for accepting or renouncing the inheritance !

5º) Can the will be changed?

Yes, you can always change your will, provided you are sound of mind and your judgement is not impaired. As many times as you like during your lifetime.

6º) How do I know if the deceased has made a will?

By going to the General Registry of Last Wills and Testaments

Once 15 days have elapsed after the death, and with the person's death certificate, this record provides information on whether or not said person left a will and, if so, before which notary, where and on which date.

7º) Can I disinherit a son or daughter?

The causes of disinheritance are strict, and lack of affection or affection or lack of care is not enough to disinherit. However, nothing prevents you from disinheriting a parent or ascendant.

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