Inheritance Law / Estate Planning

Whether entrepreneur or private individual –we advise you not only on passing on your own assets to the next generation, but also on the distribution of inherited assets among the beneficiaries.

Taking into account your specific personal and economic situation, we draw up wills and inheritance contracts for you. In the process, we keep a close eye not only on the rights of any beneficiaries to a statutory part but also on the fiscal consequences of the transfers of assets.

Should you yourself be entitled to rights from an inheritance, we will support you in the enforcement of your claims as an heir, legatee, or beneficiary of a charge or statutory part. We also gladly offer our counsel on your rights and obligations as an executor of a will, in particular within the framework of disputes among joint heirs.

As lawyers with offices in BilbaoDenia, MadridPalma de Majorca and Valencia we also provide you together with foreign colleagues abroad in over 27 locations with comprehensive advice on international inheritance and estate planning.

In 13 countries to date (Austria, Belgium, BulgariaChina, Czech Republic, Germany, Hungary, Italy, Poland, Romania, Slovakia, Spain and Turkey) we accompany private clients as well as national and international companies. The alliance's locations are: BilbaoBologna, Bratislava, Brussels, Budapest, Bucharest, Denia, Dusseldorf, FrankfurtGraz, Hanover, Istanbul, Linz, Madrid, MünchenOsnabruck, Palma de MajorcaPilsen, Prague, Shanghai, SofiaTaicangValenciaVienna, Warsaw, Wels, Wroclaw.

Focus areas of our range of consulting areas

  • Consulting with regard to inheritance, family, company and tax law before and after the case of succession
  • Property succession planning with domestic and foreign assets
  • Corporate succession planning with domestic and foreign assets
  • Draft of wills deeds and inheritance agreements
  • Draft of inheritance and statutory part waivers
  • Disputes involving communities of heirs
  • Statutory part law
  • Appeal against last will or testament
  • Certificate of inheritance proceedings
  • Enforcement of testaments
  • Transfer of assets as part of accelerated inheritance succession
  • Inheritance and endowment tax law

Private individuals

If you live in Spain, have assets or property in Spain and wish to transfer them to your heirs, we are just the right contact for you. We analyse together with you the most favourable and safest way of transfer in your specific case: whether still in life or on the basis of a concrete designing of your will. So that you do not have to worry about the future of your assets and property.

Our law firm is specialised in advising and carrying out foreign inheritances in Spain –especially with reference to German, Austrian and Swiss cases.

We advise you in legal and tax matters when inheriting or leaving Spanish Real Estate and other property or assets to your successors. Since decades we deal with inheritances in an easy and efficient way as well as optimizing the tax burden, keeping it as low as possible.

We offer you among others the following services:

  • Legal and tax consulting with regard to gifts and other lifetime transfers
  • Legal and tax processing of inheritances in Spain and worldwide, especially in German-speaking Europe: Germany, Austria and Switzerland
  • Enforcement of your claims to an inheritance, if necessary on trial.
  • Formulation of wills (also joint wills and so-called ”Berlin Testaments”) and inheritance agreements
  • Formulation of living wills and power of provisions
  • Tax optimised Estate planning and transaction of business
  • Establishment and transfer of family business in order to keep Spanish Real Estate
  • Execution of a will
  • Formulation of inheritance and statutory part waivers
  • Disputes involving communities of heirs
  • Statutory part law
  • Appeal against last wills or testaments
  • Certificate of inheritance (probate) proceedings
  • Correspondence with banking institutions and insurance companies
  • Drawing up of reports and statements
  • Submission of estate, inheritance and gift tax return forms
  • Claim with regard to refunds of overpaid Spanish inheritance taxes

Corporate succession

Do you own a company with its headquarters in Spain or have you established business premises there and want to arrange a smooth and tax optimised transition now in order to transfer it to the next generation or people outside of the family? We would be pleased to show you the legal and tax traps in corporate successions in Spain and offer you an integral support in these matters. We draft a succession planning that is tailored to your company and your personal situation and accompany the implementation by formulating the corresponding agreements and last wills. Further we take on the complete communication with local authorities and take care of the proper transaction regarding the corresponding registrations. In the process, all aspects relating to inheritance, family, company and tax law are included in the consulting.

Another focus of consultation is the advising of foundations and their founders. From the set up and recognition of the foundation to the maintenance of charitable status and changes to the statutes and restructuring, we show you your scope for manoeuvre and accompany you from planning to successful implementation.

Together with our colleagues abroad we also advise you thoroughly in international corporate successions.

Our focus areas of consulting in detail:

Company transfer to family members

  • Advising with regard to inheritance, family and tax law
  • Restructuring of the company before or after the transfer
  • Financial protection of the entrepreneur and his or her spouse
  • Articles of association and consultant agreements
  • Pre-nuptial agreements, wills, inheritance agreements, inheritance and statutory part waiver agreements

Transfer of companies to people outside of the family 

  • Disposal of the company (asset deal, share deal)
  • Leasing of the company
  • Participation of third parties in the company
  • The setting up of a foundation before or after the inheritance case
  • Advising of the founder and the foundation
  • Non-profit-making foundations
  • Family foundations
  • Other foundations

Foundations, non-profit making companies and organisations

  • Advising on the establishment, set-up and recognition before the authorities,
  • Assistance in the handling of all fiscal matters
  • Special issues of charitable status law
  • Representation before the financial authorities and courts
  • Delimitation of commercial operations from special purpose enterprises
  • Maintenance of charitable status
    Advising on the restructuring of the organisation, the outsourcing of services from a commercial, tax and legal perspective
  • Changes in the statutes
  • Partnerships