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.
For the case of rejection
Inheritances can be quite complex because every single case is totally different to other and each one have their own circumstances, the value of the heritage in usually the main factor, but also the number of heirs, the degree of kinship, the existence of a will, the type of assets to be distributed among other etc.
Erroneously it is associated that the simply fact to inherit is related to receiving money, it is mistaken an inherit is not always accepting or receiving money, properties, goods etc. it is also accepting the debts and burdens that come in the whole heritage and the heir must be aware of it.
The appropriate legal term is Repudiate an Inheritance and it is more common every day this situation is growing due to the debts and added to the high fees and taxes that require a payment to accept the inheritance most of the times these debts are higher that the benefit.
To know, if it is convenient or not to repudiate an inheritance in Spain, there is a right to deliberate and evaluate the status of the inheritance before taking the decision to accept or reject it, this normative allows knowing the value of the assets and the debts of the deceased´s estate.
The heir has to take into account the fact of accepting an inheritance in Spain in order to know how it can be manage and if it is convenient or not, in other words that the numbers are positive, either by a pure and simple acceptance or by the other method by the benefits of the inventory.
How to reject an inheritance in Spain?
In most of the cases the repudiation is made in presence of the Notar or judicial processes, it means that is understood that at the time of death the inheritance in Spain is accepted by the heirs, either if they want it to accepted or rejected, this one is interpreted as accepted until a written with the decision of rejections is validated by a Notar in an official statement.
This right is common and regulated throughout Spain, although each community nay have its own regulations and variations.
No one can receive an inheritance in Spain without having knowledge of it. The heir must have the consent and express of his/hers acceptance of the inheritance and must do so by confirming that the deceased person was a relative unless this is proven in the will and there are no other closer relatives who deserves this rights.
The Arintass team, made up of prosecutors, lawyers and specialists in administrative procedures, is at your disposal for any doubts or questions related to an inheritance in Spain. Do not hesitate to contact us for any clarification. It is a pleasure for us to be able to assist you and we are always totally at your disposal.
