Inheritance and Wills Services

At Tomas Ballestero Lawyers, we specialize in providing comprehensive legal services for inheritances and wills tailored to foreign citizens who reside in or own property in Spain. With over 30 years of experience, we guide you through the complexities of Spanish inheritance law, ensuring that your assets and estate are managed according to your wishes and that all legal obligations are fulfilled.

Whether you are planning for the future or managing the estate of a loved one, our team is here to provide clear, personalized advice and support through every step of the process.

Our Inheritance and Wills Services Include:

1. Drafting Wills for Foreign Citizens
   • We assist foreign residents in Spain in drafting legally valid wills that comply with both Spanish and international law, ensuring that your estate is distributed according to your wishes.
   • Example: A British client who owns property in Spain and the UK wants to ensure that his assets in both countries are distributed correctly after his death. We draft a will that complies with both Spanish inheritance law and UK law, ensuring his estate is protected.
2. Inheritance Tax Advice
   • We provide expert advice on Spanish inheritance taxes, helping heirs understand the tax implications of their inheritance and ensuring compliance with Spanish tax regulations.
   • Example: A family inherits a villa in Spain from a relative. We calculate the inheritance tax due on the property and advise the family on payment options, ensuring that they comply with Spanish tax laws while minimizing tax liabilities.
3. Probate and Estate Administration
   • Our team manages all aspects of probate and estate administration, from verifying wills to identifying heirs and distributing assets. We ensure the process is efficient and legally compliant.
   • Example: After the death of a client, their family, who resides abroad, needs assistance managing the estate in Spain. We handle all aspects of the probate process, including identifying heirs, transferring property, and paying any outstanding debts.
4. Cross-Border Inheritance Issues
   • For individuals who own property in Spain and other countries, we handle cross-border inheritance issues by coordinating with legal experts in other jurisdictions to ensure a smooth and legally compliant process.
   • Example: A French national passes away, leaving property in both France and Spain. We collaborate with legal professionals in France to ensure that the inheritance is distributed correctly under both countries’ laws, avoiding any potential disputes between the heirs.
5. Representation for Heirs Living Abroad
   • If you are an heir living outside of Spain, we represent you in all legal matters concerning the estate, ensuring that your rights are protected and the inheritance process proceeds without delays.
   • Example: A client living in Canada inherits an apartment in Spain but cannot travel to handle the paperwork. We act on their behalf, managing the legal transfer of ownership and ensuring the property is correctly registered in their name.
6. Power of Attorney for Absent Heirs
   • For heirs who cannot be present in Spain, we prepare powers of attorney to allow them to be fully represented during the inheritance process without the need for physical presence.
   • Example: A client living in the United States inherits property in Spain. We prepare a power of attorney that allows a trusted representative to manage the inheritance process on their behalf, ensuring that the transfer is completed without requiring the client to travel to Spain.
7. Property Transfers as Part of Inheritance
   • We assist heirs in transferring property ownership in Spain, ensuring that all legal documentation is properly completed and registered with the Land Registry.
   • Example: A client inherits a rural property from their grandparents but is unfamiliar with Spanish property laws. We handle all legal steps to transfer the property title into their name and register it correctly with the local authorities.
8. Disputes Among Heirs
   • In the event of a dispute between heirs regarding the division of assets, we provide legal representation to ensure a fair resolution through negotiation or litigation if necessary.
   • Example: A family disputes the division of a holiday home in Spain left by a relative. Some heirs want to sell the property while others want to retain it. We mediate the dispute, helping the family reach a mutually agreeable solution and, if necessary, representing the client in court.
9. Invalid Wills or Contesting a Will
   • We assist clients in challenging the validity of a will if there are concerns about undue influence, mental capacity, or improper execution of the will.
   • Example: A client suspects that a relative’s will was altered under undue influence by a third party. We investigate the situation and challenge the will in court, presenting evidence to support our client’s claim.
10. Debt and Liability Resolution
    • We handle debts or liabilities that may be attached to the estate, ensuring that these are resolved appropriately before distributing the remaining assets to heirs.
    • Example: A client inherits a property with outstanding mortgage payments. We work with the mortgage provider to settle the debt, ensuring that the client can inherit the property free of financial encumbrances.
11. Inheritance for Non-Resident Heirs
    • We provide specialized services for non-resident heirs who inherit property in Spain, ensuring that they understand their rights and legal obligations under Spanish law.
    • Example: A non-resident heir from Germany inherits a commercial property in Spain. We manage the transfer of ownership, handle inheritance tax obligations, and ensure compliance with both Spanish and German regulations.
12. Appealing Inheritance Decisions
    • If an inheritance decision or distribution is disputed, we provide legal support to appeal the decision, seeking a more favorable outcome for our client.
    • Example: A client believes they were unfairly excluded from their relative’s will. We file an appeal to contest the will’s terms and seek a rightful share of the estate for the client.