An intestacy heir is the person who, since there is no heir named in the will, is so by law. In order to become an intestate heir, it is necessary to file a declaration of intestate heirs, an action that can be notarial or judicial, depending on the relationship with the person who has left the inheritance. The declaration of intestate heirs of the ascendants, descendants and the spouse can be made before a Notary Public, without needing to go to Court for it.

FAQs

Interrogatory: A relative has just passed away and has not left a will. What do I have to do? Answer: The first thing you would need to do is request the death certificate of the deceased person. Next, you should go to the general registry of acts of last will to obtain the certificates of last wills, and depending on the degree of kinship, you will have to appear before a notary or before the Court to make the declaration of heirs.

La AEAT It also manages the resources of other Administrations and Public Entities, national or of the European Union, whose management is entrusted to it. It has an armed police force called the Customs Surveillance Service whose mission is to investigate and prosecute smuggling crimes and others related to organized crime, such as drug trafficking or money laundering. Created by law in 1991, it was incorporated on January 1, 1992.

Antoni Bosch, a notary in Barcelona, ​​explains to us what the marriage chapters and the importance of doing them even if you are a de facto couple. The marriage settlement are especially important when there is a real estate assets.

When two people live in a stable union as a couple, cohabitation agreements are established. They are the so-called matrimonial chapters that establish the economic regime of the relationship, whether the income of both spouses will be from a common fund or if each of them will have the income from it and jointly bear the costs of housing. For this reason, it is convenient to sign the marriage chapters that help to discuss issues that are not as romantic as love, but of equal importance for the couple.

Proclaimed contract between man and woman to live together in marriage.

It is about the patrimony or set of assets that agree to have succession ceased by the deceased.

Written contract where one of the contracting parties agrees to transfer ownership of a thing or right, while the other person is required to pay an agreed price for them, it can be real estate, furniture or rights.

Test of two or more documents, where they are compared with each other. The notary guarantees that a duplicate, usually by photocopy, is equivalent to its original.

Act of initiation of a company where its basic fundamentals are specified, such as initial capital, domicile, legal regime, among others.

It is composed with the public deed of horizontal division of the property, where the owner of the lot has previously or simultaneously revealed a building work. The main causes of its extinction are devastation of the building, Conversion into ordinary property or co-ownership and Compulsory Expropriation.

Several websites of reference lawyers explain how this procedure can be carried out when one of the spouses resides abroad and cannot travel to Spain to ratify the agreement in front of the judge. We start from the basis that there is a mutual agreement between both spouses and that the lawyer has drawn up a regulatory agreement in which both agree. Steps to follow: Prepare documentation

1. Warn the court that you are in a special situation.
2. include in the regulatory agreement a special power for the attorney with a ratification clause including the signed regulatory agreement. Specify that there is no violence and coercion in the signing of the agreement, having signed freely.
3. In addition to including in the power of attorney the power to ratify the agreement in favor of the attorneys, it will have to be included in the public deed, thus being protocolized.
4. The spouse who is in Spain will sign the regulatory agreement in triplicate and one of the copies signed will be sent to the other spouse to the country where he is next to power.

signature abroad

1. The spouse residing abroad must sign the special power of attorney for lawsuits and the agreement at a notary in your country, at the nearest Spanish Consulate or Embassy.
2. When you leave the Consulate you must send the power of attorney with the regulatory agreement incorporated to the lawyer in Spain to present the divorce petition in the corresponding court, which will be the one of the place of residence of the spouse who is in Spain.

Ratification in Spain

1. It will be the court that requires the spouses by means of a notification to the attorney, so that they will ratify the agreement.
2. On the day of ratification, the attorney will represent the spouse of the foreign country thanks to the power granted.

Notes

• In the legal sources that are cited in references, it is commented that on some occasions the secretary of the court gives value to the agreement signed in the consulate without the need for the attached power of attorney for the attorney, however the only way to ensure the procedure is the existence of the power .
• It is recommended to include more than one attorney in the special power of attorney to avoid problems if the appointed attorney cannot attend on the day of ratification.
• If said Power of Attorney has been made before a Spanish authority (Spanish Consulate or Embassy), neither legalization nor a sworn translation will be necessary, which speeds up the procedures and is cheaper.

References

• jrabogados.es standard case.
• eduardoherrera.org. Resident abroad who is 12 hours away by plane.
• ligurabogados.es. Standard case.
• mundojuridico.info. standard case.

Spouses are considered to be persons united by marriage, whether civil or religious, and who are in accordance with the content of the articles -49- and -59- of the Civil Code. Husband or wife is considered synonymous with spouse. However, they are not exactly the same since they are spouses who have celebrated their betrothal, but not yet the marriage. The term wife or husband derives from the Latin word sponde which means solemnly promise or pledge.

Society created by individuals who associate, under a free membership and voluntary withdrawal regime, to generate business actions, aimed at compensating their economic and social needs and desires, with democratic organization and work, in accordance with the principles set forth by the International Cooperative Alliance .

It is a judicial or notarial procedure that is executed to establish the heirs of a person who has died without making a will or with a null or ineffective will due to whatever origins.

It is a document issued by a Notary Public that recognizes the effective owners of a Mercantile Company, meaning real owner any person who has more than 25% of the shares or participations of a Company.

It is generated when the legal totality of society culminates, that is, the total utility of its object and its internal components, due to the contribution of any legal cause or ability of analogous results of the social contract.

Reason for the breakdown of the marriage represented by the breakdown of the conjugal bond as a result of a court ruling, either at the contiguous request of both spouses or of only one, considering the requirements stipulated in the law.

It is a legal document where providers are notified in advance of the type of medical care that the person wants to receive in the event of an accident or serious illness.

Contract by means of which a person or donor transfers the possession of an asset to another or donee, who accesses it, without compensation or obligation.

In the last reform of the mortgage legislation it is intended to protect consumers. For this reason, a notarial act has been established whereby clients who have requested a loan with a mortgage guarantee first go to a notary who will advise them on all the points that have been agreed with the bank. The function of the notary is to control that the Bank has delivered all the documents that the law establishes that must be delivered to a client and then ask or even pass a test to know exactly what the conditions are and if they coincide with what appears in documents. These documents are the basis for the loan contract to be signed before a notary public.

Civil act that empowers the minor to govern his person and his assets as if he were of legal age, although with specific limits, fundamentally in the area of ​​property.

Administrative and financial services that financial entities provide to companies, adaptable to credit sales of a company to its clients, is aimed at small and medium-sized companies.

It is the total of goods, rights and obligations that make up the patrimony of the deceased and upon death transfers to the heir.

It is a way of responding for the fulfillment of a debt through the encumbrance of real estate, since, if there is a breach of the agreed debt, the mortgage will be executed, so the real estate will be liquidated in a public auction at the best bidder and, with the money raised from this sale, it will be paid to the creditor.

In lease-back, the owner transfers his property to the tenant and recovers it through monthly installments. While, the rent-back consists only of renting, for this reason we always work with elements such as computer equipment, technology and commercial vehicles, which will always have a low or almost zero residual value.

A transfer of ownership of a good to an entity is generated in exchange for the cancellation of a definitive amount of money, so that the possession of the good passes into the hands of the entity and the company obtains circulating cash. In leasing there is the opportunity to buy the property in question, while in renting there is not.

It is the right granted by the Catalan Civil Code to the successors or heirs to obtain a part of the inheritance of their parents after their death.

It is the process of confirming in a given document the identity and data of the signatory and the date of the signature, by means of a very clear type of notarial action, since the Notary must express that a certain signature corresponds to a person.

It is the fact of giving validity to something, be it a fact or a document.

Stable union of a man and a woman to constitute a life association with the manners required by law. There are different types of marriages depending on the form of the ceremony: religious, civil, by proxy, secret or in danger of death.

It is known as the change in the statutes of an organization both for formal and substantive reasons, it must be carried out by the general meeting or general assembly, ordinary or extraordinary, with a special quorum and a qualified majority of partners.

Office or office where the notary practices his profession. The notaries they are officials who have a public seat, once the opposition is approved, signed by the State whose main function is to provide legal certainty, since they are in charge of public faith in Private Law relations, which means proving the accuracy of the facts of which the notary is meaning, as well as providing authenticity and legal force to their acts.

It is the one that is officiated between two or more people to be reciprocally inherited in case of death.

It is a union between two people who wish to share in a stable way, in a relationship equivalent to the conjugal one, and who decide to have it witnessed in a registry so that it can be carried out officially.

Contract in which two people reciprocally require each other to grant ownership of one thing in exchange for another, in other words, it is a barter or exchange.

Action or effect of pledging, pledge or pawn.

It is a power that is granted to a person so that he can carry out bank transactions

It is a power that is granted to a person so that they can make purchases, apply for mortgages, among other commercial transactions.

It is a document by means of which a trusted person is empowered to, on your behalf and on your behalf, carry out numerous administrative and legal procedures.

It is a document in which the owner of a legal asset delegates a solicitor to proceed, before the courts, on behalf of and on behalf of the person who grants the Power of Attorney.

It is a loan with a flexible amount, since within certain money limits the amount needed can be withdrawn and returned according to agreed conditions. It works like a current account, from where the money is withdrawn and returned.

With the last reform of the mortgage legislation, it is intended to protect consumers. Clients requesting a home equity loan go to a notary to be advised on the terms agreed with the bank. The notary is in charge of verifying that the bank has delivered all the documents that the law establishes and asking if the conditions discussed with the clients are the same as those that appear in the documents. These will be the basis for the loan contract to be signed before a notary public.

Lender, is the natural or legal person, who in a loan agreement delivers money to the borrower. Borrower, natural or legal person, who in a loan contract takes the money from the lender.

Also try to order the markets by facilitating decision-making by the consuming public. It is usually abbreviated as PI.

When a mortgage is signed, a tax must be paid on the notarial deed, which is known as Documented Legal Acts (AJD), which has a variable percentage that is determined by the autonomous community in which the loan is formalized.

Although his personal patrimony was of a significant amount, his heirs had doubts about whether to accept the inheritance or otherwise proceed with his resignation. In this case the team attorneys specializing in succession law they advised that it was interesting accept inheritance They should opt for the modality of acceptance for the benefit of inventory, since, with this, they would only be liable for the debts up to what was covered by the inherited assets, without risking the assets of the personal assets of each of the heirs. so they did, they accepted the inheritance for the benefit of inventory and they came to inherit a significant amount of the father's estate, since the pending debt of the inheritance was subject to resources, the resources were partially earned and a succession balance remained in favor of the heirs, which they would not have obtained, if from the beginning they would have opted for the waiver of inheritance.

Abnormal termination of a cause by which a party declares its willingness to desert its claim, giving up the material right that supports it, that is, that, later, the identical lawsuit cannot be returned.

The environment or workplace also has an influence, since some may have characteristics that can cause accidents or other types of accidents that can cause damage or health problems, both physical and psychological.

It is a legal cause through which relatives or people who believe they have the right to inherit the estate left by the deceased intestate, attend before a judge so that he can execute the opening of the legitimate succession.

Voluntary declaration of a person stating what he wants to be done with his assets after his death

In recent times, the so-called Living Will is in fashion. The government initiates legislation to legalize euthanasia, which as we know is contrary to palliative care. When a person decides to die, he is given a substance to fulfill his will. These instructions are signed in a document that in Catalonia is called "Document of advance directives", known as Living Testament. These instructions are executed by the person designated for this purpose, when the person who expresses his will to die can no longer decide, finding himself in a situation that had already been foreseen and that is critical and irreversible.

The Arbitration Court of Catalonia (TAB) was founded in 1989 with the support of highly prestigious entities such as the Barcelona Chamber of Commerce, the Barcelona Bar Association and the Notarial Association of Catalonia, among several of its pillars with the aim to perform a service to society. The UCI has also signed collaboration agreements with the entity.