Familia: Wills

This legal instrument allows for the distribution of property according to the wishes of the testator: to whomever he wishes and as he wishes.

A first aim is to avoid future disputes between the heirs and/or favoured parties in the inheritance. 

And the solution is not to provide for all the estate in a single clause of the type “I name my children as heirs in equal parts”, but it is necessary to value diverse options such as: to draw up lots, to fix compensations, appointing an executor, to carefully regulate the substitutions, among others. 

And a second, no less important aim is to prepare the will in terms of tax, since wills are a very interesting tool for tax planning for successions.

In GABARRÓ ADVOCATS –HERÈNCIES-  we will listen to your personal situation, assets and will, interpret it, advise you, draw up your will and assist you at the notary’s office, providing solutions based on specialised technical knowledge as well as on the experience acquired over more than a decade through which we have had the opportunity to verify the result of the solutions provided previously, some of which have been discarded and others which we have “kept on board”

Succession agreements are similar to wills in that they set out our wishes for when we are no longer among the living. 

They constitute the solution when one is convinced that the will provided for in the succession agreement will not be altered, since they can only be modified if all parties to it sign.

The tool they provide has two sides- pros and cons – and in each case it will be necessary to assess whether or not it is advisable to use them, either to leave an estate in its entirety, or certain specific assets.

In GABARRÓ ADVOCATS –HERÈNCIES- we listen to the wishes of our clients and their specific situation and we evaluate whether a succession agreement is advisable. 

In certain cases, it is advisable to appoint an executor in the will. The executor will be responsible for delivering the assets, with the possibility of empowering them to carry out the distribution, pay legitimate debts, taxes and fulfil specific functions entrusted to them by the testator, in addition to interpreting the will if necessary. 

The appointment of the executor is usually made to persons trusted by the testator or to professional experts in the field, and it is advisable to regulate their remuneration in all cases.

At Gabarró Advocats -Herències- we advise you on the appointment of the executor, while offering the possibility of appointing our lawyers, experts in inheritance matters as well as fully understanding the testator’s wishes, as executors.