Inventory benefit. English lawyers in Marbella
One of the things that most concern the heirs is that the inheritance in question has debts. In some cases this is known in advance and, in others, it is not known until the moment it is inherited. What can be done in such cases? Our english lawyers explain you some possible solutions.
Accept an inheritance
In Spain, when an inheritance is accepted, it is done both with the asset and with the liability, that is, we are going to inherit the assets but also the burdens that may be there. We have the right to reject it if it does not suit us, but there is also another option: the inventory benefit. This consists of an inventory of the assets and liabilities of the inheritance, so that if there were debts they would be paid with the flow of the inheritance itself. The rest, if left over, would be shared among the heirs. It is an option that allows you to protect the estate of the heir, since it remains 'armored' against possible debts. On the other hand, you do not have to reject the inheritance immediately. In fact some people proceed to reject the inheritance because they do not know the benefit of inventory, thus losing the option to inherit due to lack of sufficient information.If we want to accept the inheritance in this way we have to leave a record before a notary.
It is recommended that in addition to these concerns, the heirs also consult with a lawyer specialized in inheritance to study your case in a personalized manner. It is a question of a certain complexity and that is why the figure of the lawyer is essential in these cases. Finally we want to add that if the will had any error there is the possibility to challenge it legally. This can happen if, for example, an heir has been unjustifiably disinherited, if the will has defects in form, etc. To contest a will we recommend that you contact us and we will analyze your case. We hope these tips have been useful and if you need more details you just have to call our Marbella Office or contact us through the internet.