DISPUTES AND PROCEEDINGS · EU RESIDENTS
Inheritance disputes involving assets in Spain
A disagreement between heirs may concern a will, entitlement, management or a proposed sale. We coordinate the Spanish aspects with the professionals responsible for any relevant foreign law.
THE STEPS INVOLVED
From initial review
to practical completion.
Defining the dispute
We examine the wills, habitual residence, claimed rights and assets involved. Jurisdiction and applicable law must be established rather than assumed to be Spanish.
Discuss your situationProtecting assets and records
Management decisions, occupation, accounts and documents are reviewed. Protective steps may be considered where the circumstances justify them.
Discuss your situationSeeking a workable agreement
An agreement may concern use, costs, a buy-out or a sale. It should explain how it will be implemented and respect the rights of everyone concerned.
Discuss your situationPreparing the appropriate action
If agreement cannot be reached, we evaluate the available action and necessary evidence. The effect of any decision on the Spanish assets is considered from the outset.
Discuss your situationINITIAL DOCUMENTS
A clear starting point
for your case.
You do not need a complete file to get started. After an initial review, we explain which documents are still needed.
- Wills and succession evidence
- Spanish asset titles
- Heirs’ correspondence and positions
- Management records, expenses and income
EU RESIDENTS AND SPAIN
For clients resident in the EU
Your country of residence, nationality and family circumstances may point to different legal and tax requirements. We establish the facts and coordinate your Spanish matter with the relevant advisers.
- Court jurisdiction depends on the claim, contract and other connecting factors, not simply your EU residence.
- EU mechanisms may assist with service, evidence or enforcement, but participation and scope must be checked for the countries and subject matter involved.
- Prepare the relevant contracts, payments and correspondence, with translations required for the Spanish proceedings.
- The origin and type of a foreign judgment determine its enforcement route. The creditor’s EU residence is not sufficient on its own.
FREQUENTLY ASKED QUESTIONS
What you may want
to know before acting.
Is a Spanish court always competent?
No. The succession jurisdiction rules and the nature of the claim must be examined.
Can a dispute be resolved without selling?
A use arrangement, buy-out or other solution may be possible depending on the parties’ rights and objectives.
Can foreign inheritance law matter?
Yes. We coordinate with the appropriate professional where foreign law is relevant to the dispute.
Can I use an EU enforcement procedure just because I live in the EU?
No. The issuing country, type and date of the decision and the scope of the relevant instrument must also be checked.
Will you work with my adviser abroad?
Yes, where appropriate and with your agreement. We coordinate the Spanish documents and steps with your own qualified adviser, who remains responsible for advice and filings in their jurisdiction.
LET’S DISCUSS YOUR CASE
Would you like us to review your situation?
Tell us about your plans or concerns. We will connect you with the appropriate specialist in our team in Spain.
Send us your question through the contact form. We will connect you with the right specialist.
Go to the contact formThis is general information, to be applied to your circumstances and the rules in force. Sirejacob Legal & Tax advises on your matter in Spain. Foreign law and overseas filings are handled, where needed, with your own qualified adviser.