The inheritance is an I mass of goods of certain already deceased, and that must be transmitted to some or certain people. You can be transmitted in two ways:

Probate or voluntary probate is one that is because when a person gave his testament, and in this designated or determined who or who will be owners of their property after his death; thus conveying ownership of all assets, rights and obligations that will not become extinct when he dies. Example Mr Enrique Peña writes his testament and gives it to people who he decides and that will be their property and rights holders. Upon the death of Mr Enrique Peña, relieve it to specifications that sat in his testament, and which are the product of unilateral willingness, this is why that there is the talk of voluntary or testamentary succession.

Probate legal, legitimate or will writing, is that you must carry out when a person did not give their Testament, so it does not designate a person or certain people to convey the ownership of all assets, all rights and obligations in life. Example Mr Enrique Peña dies without having granted his will; the law will establish the presumption of who or who had it wanted to happen you in ownership.

Partition of inheritance Will Writing

Why and when to make the partition of a heritage. When someone dies, their assets and any debt that you may have been purchased by the heirs, which indicates the last will, or in the absence of a will, as established by the law. However, a series of procedures to determine who are the heirs must be performed, so that the inherited property owned by the decedent is transferred to heirs. Until this is not carried out, none of the assets of the deceased can be sold through an authentic instrument, nor money can usually be removed from accounts maintained on behalf of the deceased.

Previous steps.

The death certificate: is obtained from the registry of the town took place where the death (although does not match to the permanent residence of the deceased). Civil registration is normally based at the courthouse in the city or town hall. Search is usually facilitated by presenting the book of family, and you must request three copies for the various procedures.

The certificate of the registration of the last wills and Testaments: to determine if the person has written a will and if so to discover where and when the last will was drafted. To obtain this document, you must present the death certificate and a form that you can buy at a “tobacconist” [official sellers of tobacco, stamps and papers franked in Spain] sent to the Ministry of Justice. The certificate can also be requested electronically through a public notary office.

If there is a will: If the previous certificate revealed that there is a will, you must request a copy in the notary’s office where it was drafted (the text delivered to the testator is typically not sufficient)

Who can request a copy of the Testament? : only those who have some right to inheritance, the forced heirs, or those who would be entitled to the estate if there is no will.

How? : appearing in person with their identification in the notary’s office where it was written, or by sending a letter with a signature authenticated by another notary. This notary shall prepare all the documentation and even develop the application letter.

If there is no will: a declaration of heirs must be drafted by a notary public. Once obtained a copy of the will or the Declaration of heirs, and know who is entitled to the inheritance and rights enjoyed, the partition may be performed.

How to partition and who should participate and must sign before a notary public instrument.

Normal circumstances:

If there is a will: all the heirs and recipients of estates, and which they are entitled to a reserved portion, regardless of that assigned something to them in the Testament.

What happens if no will is written? All these whom placed themselves as heirs by the statement of the heirs. In the distribution of inheritance, the majority system does not apply, but the only unanimity. If one of the parties concerned is not agreed and do not want to sign the public means, it is not possible to formalise a partition which will be referred as “by majority vote”, and instead will be required to have recourse to a judge, as we shall see below.

The family can often live very isolated and could be difficult to meet them all. In this case, once it has reached an agreement on the partition will be, a power of Attorney is typically granted to other heirs or another person to act on behalf of those who are not present.

Individual cases: the executor of a will well written in the UK.

The testator may designate a person in the testament to carry out separation. This person is responsible, within the balance of the inheritance for each heir, decide which assets are assigned to each of them. This is an instrumental role, since, in the absence of agreement between the heirs, this individual may perform partition, thus avoiding the participation of a judge.

If the deceased was married under the regime of joint assets, the liquidation of the marital property should also be done with the widowed spouse (in other words, establish what assets correspond to the widowed spouse as his half of the heritage, and what they correspond to the legacy left by the deceased).

In any case, it is advisable to avoid claims, that the executor to achieve the unanimous agreement of all those listed above as necessarily involved in the partition, which would then attend all along with the executor to sign the instrument of separation, even if this agreement is not, in any case, an essential requirement. The executor may sign the device of partition only unless the deceased is married under the system of joint assets, in which case the widow or widower must also sign, but not the heirs.

How is the partition of the inheritance

Previous acts: the distribution of joint assets and the collection of donations.

The distribution of joint assets: if the spouse were not married under the regime of assets separately, assets acquired during the marriage is joint, in other words, shared between the two. When one of them dies, must establish what assets remain the property of the widow or widower, and which correspond to the heritage left by the deceased. This is typically done at the same time that the partition and the authentic instrument of the same heritage since it requires the participation of the same people (the widow/widower and beneficiaries).

The collation: when contributions have been made by parents to children in life, the legal position is that this is done as an advancement of the heritage, which should be taken into account so that these children have the value of life. Donations received discounted from their culture. In other words, the law says that if a parent has given a gift to a baby, then this was not intended as an enhancement, but because part of the estate was being advanced during the life of the father, which means that the gift should be included in the calculation of para perform the mapping between all the heirs. However, the classification shall not apply if the mother or the father established otherwise by donating.

Once you have performed the above, this will establish what comprises the inheritance and what should be distributed among heirs according to the portion allocated to each. All the heirs must be by the allocations of assets corresponding to each one. If the testator established who would receive all or some of the assets, then it must respect.

Although the book of the partition can write in private, it is more practical and convenient to all previous operations in a single authentic instrument of partition, thus receiving the advice of the notary. Meanwhile, a book of separation signed privately is later recorded in a genuine public device.

Do you find yourself in a situation that is urgent and necessary to carry out a probate trial or trial the last will, the effect of conveying ownership of goods made in life a family? Contact us “Not the take lightly or NEGLECT Miss heritage that got his father, mother or another relative”.

It regulates such property, don’t let problems solve these situations since with the passing of time things get more complicated.