El will is our last will on how they should divide our property when we miss. There are different types to will, but notarized, known as open notarial will, it is the most common and usual for its enormous advantages over the rest.

Intestate is an investment in peace of mind for yourself legal certainty it provides and especially the problems that can prevent our heirs.

To do will It is a simple document that is who we want to be / n our / s heir / s, without specifying the assets we have, and we realize that each heir goods. In Catalonia, for the will is valid, it is essential and sufficient to appoint one or more heirs. Unless you want to leave a person or persons a particular asset (eg, an apartment, a jewel or money). This is known as legacy. And / or you want to appoint guardians of our children, in addition to other provisions, such as limiting the age at which a given asset will become the property of an heir or other status, or appoint one or more persons to deal heritage and protect property, and to determine the distribution, if it is anticipated that among the heirs conflicts can occur (executors, counter-divider, etc.). Respecting, in any case, the limits imposed by the legitimate representing a legal obligation to leave a part of the inheritance to the heirs in Catalonia are the children and descendants, and, failing that, the father and mother or which of them survive. The amount of legitimate in our region is the fourth of the liquid value of the estate, including donations in life. And you can pay the heir apparent and it will in assets of the estate or cash.

Thus, hacer will It is a simple document but according to our will and concrete situation there are several possibilities of making a will and hence the importance of seeing a lawyer to advise us according to the law.

The will is an economic document, taking into account its transcendence. Regardless of how much our goods are worth, the testament costs between 38 and 50 Euros depending on its extension.

And it is worth investing in this cost because depending on whether or not we have the procedure to follow for our heirs to take possession of the property is different. Being for them a simpler procedure, faster and less expensive in the case that we have granted a will.

Amen to that through it we can organize the division of property, and thus avoid that after our death will have to resort to the law to find out what the heirs are and there is a division of property that in some cases ends up being problematic , creating uncomfortable situations for heirs or situations shared properties, etc.

The procedures to be followed by our heirs depending on whether or not will They are:

  • If we have done will: Our heirs, to dispose of the property, may, after the relevant tax procedures, go directly to the acceptance of the inheritance that is made before a notary.
  • If we have not given will: Our heirs will have to resort to intestate succession (which means "without will"), And in that case, it is the law, in the absence of a will, who determines who are the heirs. Catalunya are in the following order: the children, the spouse or partner, ascendants, siblings and relatives to the fourth degree and finally the Generalitat de Catalunya. As the procedure to be followed by our heirs in this longest and most expensive course. That prior to going to the notary for acceptance of inheritance, we must make an "extra" process, which consists of the "Declaration of Heirs," which in the case of direct relatives is made before a notary and the other heirs It must be carried out in the courts. And for direct relatives, you can not grant the declaration of heirs before any notary but must be before the notary of the last domicile of the deceased that sometimes is not the domicile of the heir, forcing him to move to the jurisdiction of the deceased home . They must also appear at notaria two witnesses who know the relationship that the interested states have with the deceased witness can be anyone, except those who have a direct interest in the inheritance. 20 days after the issuance of the declaration of heirs, the notary decree if the person concerned is entitled to inherit.

So, if there will, No inheritance is lost, nor inherit the state as some think, but it is the law that determines who is the heir to an order of kinship. And for this determination must be processed same transaction or official declaration of heirs, which in the case of will we saved The cost of the declaration of heirs is approximately 300 €, depending on its extension, compared to the 38-50 € it costs to make a will.

Therefore, and in order to avoid the hassle of making two notary or judicial procedures to accept the inheritance (instead of one) and especially with the desire to determine the fate of our possessions when we die, it is advisable to will clearly make. And finally, indicate that the will is always revocable, and can be changed at any time. And in the case it has been awarded more than a will, the last valid is granted. Moreover, it is a personal document and does not prevent the person granting it dispose of their property, but only constitutes the will of this person on how they divide their property when missing. But it does not affect your life.

En DiG Lawyers We are specialists in wills, inheritances and successions, remaining at your disposal to resolve any questions or problems that arise in this regard.


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Carmen Lopez

DiG Lawyers

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