According to the Article 461-12 of the law 10/2008 number 190 the responsibility of freely accepting or rejecting the inheritance in Spain of the deceased siblings as soon as they become aware of this situation-taking place in their favor.
People who are in the position to accept or receive an inheritance in Spain have the possibility to either accept or reject it; both situations are voluntary and free decisions.
In case of acceptance
Accepting an inheritance in Spain is a voluntary act by a person who expresses his or her will to agree on this and it is not require the intervention of another co-heir. When the co-heir accepts the inheritance he or she is call THE HEIR, but is to yet the owner of the (Goods, Rights and obligations) of the deceased. In addition, this one must be done in its totality and not in parts, accepting the goods and rejecting the debts or obligations for example, with a previous agreement of the other heirs in case they are others.
Pure and Simple Acceptance
In this case the heir accepts the goods and also de debts or responsibilities of the deceased, the heir must respond to these obligations not only with the assets of the inheritance but also with its own assets, they measure can be expressed verbally, in a public deed or private document, it can also be tacit that is for those cases in which these acts requires the necessarily the presence and will of the heir.
Acceptance for the benefit of the inventory
This case has limited effect since the heir is responsible for the debts of the deceased with the extension of the hereditary heritage and not taking actions with his or hers own assets.
It may arise a case in which one of the heir does not express the acceptance or rejection of the inheritance in Spain, according to the Article 1005 of the Spanish Civil Code, nine days after the death of the person, anyone interested in the inheritance may require the presence of other heir by Notar either to accept or reject, this one in mandatory, the heir has 30 days to accept or reject the inheritance, otherwise if it does not attend, the inheritance will be considered accepted pure and simple.
Capacity to accept the Inheritance in Spain
For those who have free disposal of their assets, in other words people that have the capacity to act and accept the inheritance in Spain, in the case of those who do not have the capacity to do it, it would be the legal representative who will accept the inheritance on their behalf.
These are the case where there is an exception:
- Minors subjected to parental authority
- Minors under guardianship
- Emancipated minors
- Disable people
- Married People
- Associations, corporations and foundations with the capacity to acquire
- Official public establishments.
For Arintass you are always our priority and with the desire to provide you with an excellent service with the best response in form and time, we want to offer you a comprehensive service of optimum professional quality with our highly qualified team in various branches of legal, fiscal and accounting advice and with all the guarantees in accordance with the new demands of the market.
In such a way that the managements to related with an inheritance in Spain stop being reason for concern. In case of any clarification please do not hesitate to contact us. It is a pleasure for us to be able to attend to you and we are always totally at your disposal.