Wills and Legacies

We draw up your will in a personalised manner
Our inheritance lawyers will provide you with guidance

Why make a will – Advantages

  • 1ª.- The assets will go to the person you choose.
  • 2ª.- The inheritance is distributed according to our designs.
  • 3ª.- Prevents problems for future heirs and guarantees their status.
  • 4ª.- Guarantees the value of the inheritance without any problems.

Risks of not making a will

  • 1ª.- The assets may go to people who should not receive them.n.
  • 2ª.- The inheritance cannot be allocated and is blocked due to disputes between heirs.
  • 3ª.- The people you believe should receive your inheritance are excluded and do not receive anything.
  • 4ª.- The state may inherit your assets

Types of Will

Wills and Legacies - 1
FREQUENTLY ASKED QUESTIONS REGARDING MAKING A WILL

To ensure your assets go to whoever you want.

Specialist inheritance lawyers will draw up a will in accordance with your circumstances and find the best legal solution, ensuring that you leave your assets to whoever you want and that the heirs pay the least possible taxes.

Yes, the law provides causes for disinheritance. There are reasons pursuant to which an heir may be disinherited, thereby ensuring he/she does not receive the part of the inheritance he/she is entitled to by law. Our inheritance lawyers will study your case and provide you with guidance on disinheriting a specific person in accordance with the law.

Yes, you can make a legacy, to give a specific asset to a specific person.

We recommend changing your will when your personal or economic circumstances change significantly.

You should change your will in the event your economic circumstances have changed, for example, when you have acquired or sold real estate, you have conducted money transfers between current accounts, thereby increasing your capital, you have acquired personal property of special value, or at the company level you have made an acquisition or sale of shares, in the event of capital increases, changes in partners, in addition to other economic circumstances affecting the heirs.

Moreover, on a personal level, you should normally change your will in the event of separation or divorce, the acquisition of a new partner, the birth of children or grandchildren, in addition to any other circumstance that makes a new will advisable.

Our inheritance lawyers will help you draw up a new will in line with your new circumstances.

A good will provides for the future payment of taxes to prevent heirs from being subject to unnecessary payments

Our specialist inheritance lawyers will study your case in a personalised manner, drawing up a will that minimises the amount of taxes paid by the heirs.

Yes, wills must comply with the law.

Any will containing provisions that fail to comply with the law may be declared null and void, and could be rendered invalid. As such, we will always strive to ensure your will is drawn up in accordance with the law.

Our inheritance lawyers will draw up a will that complies with your wishes and the applicable legal limits.

Wills and Legacies - 2

DEFINITION OF LEGACY

A legacy ensures a specific asset or right is given to whoever you freely designate after your death. The person receiving the asset or right does not have to be the heir in order to receive the legacy.

The legacy belongs to the legatee from the time of the death of the deceased, however, it must be requested from the person defined as the heir. The deadline for submitting such a request is 15 years from the date of the death of the deceased.

IF YOU WISH TO INCLUDE A LEGACY IN YOUR WILL OR NEED ONLINE GUIDANCE REGARDING LEGACIES, CONTACT OUR SPECIALIST LAWYERS AND THEY WILL CLARIFY YOUR DOUBTS

SUCCESSION AGREEMENTS

Succession agreements in Catalonia are regulated in accordance with article 431 et seq. of the Civil Code of Catalonia. This is an agreement through which, while still alive, the owner of the assets comes to an agreement with his/her heir regarding which assets the heir will receive after the testator´s death.
It is different to a will in that it is an agreement entered into between two parties, the deceased and the heir, and it cannot be revoked unless both parties agree thereto.

The advantage of a succession agreement is that it cannot be subsequently changed unless both parties, the heir and the testator, agree thereto, thereby ensuring the heir´s assets are protected in the face of an uncertain future.

 

The purpose of a succession agreement is to ensure that certain assets are received by the heir and that said heir is guaranteed to receive said assets.

 

A succession agreement can only be changed if both grantors expressly agree thereto, whereby one party alone, even if it is the person transferring the assets, cannot change a succession agreement.

Our specialist inheritance lawyers will advise you on the benefits of a succession agreement.

TRUST FUNDS

A trust fund establishes a condition for an heir to receive their inheritance.

The law allows establishing that a person will become the heir when a certain condition is met or a certain period of time has elapsed and, in the meantime, designates another person to manage the assets until the heir meets the condition in question.

This is known as a trust fund and according to the law it is a testamentary provision whereby the testator provides that the trustee will acquires the inheritance or legacy with the burden that, once the term has elapsed or the condition has been met, the transmitted to the trustee pursuant to the provisions of article 426-1 et seq. of the Civil Code of Catalonia. A trust fund usually obliges the trustee to hold the inheritance received to transfer it to the beneficiary, so that the latter can manage or invest the assets for their own benefit or for the benefit of a third party, known as the beneficiary.

In the event you require guidance on setting up a Trust Fund – for example, naming your grandson as your heir when he turns 25 years of age – get in touch with our inheritance lawyers for guidance on the steps to be taken and the options available.

Contact us

    I have read and accept the Legal Notice and the Privacy Policy


    In accordance with the provisions of Organic Law 3/2018, LOPD-GDD and European Regulation 2016/679, GDPR of Personal Data Protection, we inform you that your data will be part of a file owned by Andreu-Barquin Abogados S.C.P. The registered information will be used to inform you by any electronic means about our news and/or information about the entity. You can exercise the rights of access, rectification, portability, and deletion of your data as well as limitation and opposition to its processing at Balmes, 85, Entresuelo, 08008, Barcelona or by sending an email to administrador@abherencias.com. In compliance with Law 34/2002 of July 11, on Information Society Services and Electronic Commerce, we inform you that you can revoke at any time, easily and free of charge, your consent to receive email communications by sending a request to: administrador@abherencias.com.