The usual practice is that the deed of inheritance itself (or the private document in specific cases) includes both the acceptance of the inheritance and the adjudication of the property, either through the institution of the heir, the bequest or the endowment.
In such cases where the testator has provided for his entire estate by way of separate pre-nuptial agreements or bequests in favour of certain persons, the adjudication of the assets should be simple.
Even when the adjudications are agreed upon by the heirs or provided for in the will, it is advisable to evaluate the destination of the assets to be inherited in the short and medium term, to determine the viability of renunciations or compensations, with the aim of minimizing both the fiscal impact and the possible disputes for the maintenance of undivided property (co-ownership).
However, when there is no will or the testator disposes of all his assets in a single clause -which we do not advise- e.g. “I appoint my children as heirs of all my assets in equal parts”, it is necessary for all the heirs to concur in order to distribute the assets of the inheritance and, often, the process of distributing the assets is more complex.
For this reason, in many cases the intervention of a professional expert in the field is required in order to reach an agreement on the distribution of the inherited assets, combining the mediation between the parties and the study of taxation.
In GABARRÓ ADVOCATS –HERÈNCIES- we provide advice, we explain the options of adjudication at a civil and fiscal level and, if necessary, we negotiate to defend your interests in the inheritance
