Specialized Acceptance and Renunciation of Inheritance Lawyer in Ibiza
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At Rodríguez Tur Abogados, we advise heirs and legatees in Ibiza and the Balearic Islands on the most determining decision in the succession process: accepting or renouncing the inheritance. An uninformed choice can result in assuming debts that exceed the value of the assets received, or irreversibly losing patrimonial rights. Our team analyzes each inheritance in detail before recommending the most convenient option.
Acceptance and Renunciation of Inheritance Lawyer in Ibiza
When a person dies, their heirs do not automatically acquire the assets. The law requires an express or tacit act of acceptance, and also allows renunciation. Both decisions are irrevocable once formalized. In Ibiza, in addition to the state Civil Code, the Compilation of Balearic Civil Law introduces particularities that affect legitimate shares, previous succession pacts, and the regime of the heir’s liability.
The deadline for deciding is not rigidly fixed, but any interested party may request the Notary to require the heir to pronounce themselves within 30 calendar days (the so-called interpellatio in iure). If they do not respond, the inheritance is understood to be accepted pure and simply, with all its consequences.
Our work consists of gathering all the patrimonial information of the deceased (assets, debts, liens, insurance, tax obligations), assessing the civil and tax implications of each option, and accompanying the client in the notarial formalization of their decision.
Services in Acceptance and Renunciation of Inheritance in Ibiza
We cover all modalities and situations that may arise, from the simplest acceptance to complex scenarios with debts, plurality of heirs, or inheritances with international elements.
Pure and Simple Acceptance
The heir assumes all rights and obligations of the deceased, including debts, responding with their own assets. Before recommending this option, we carry out an inventory of assets and liabilities to confirm that there are no hidden contingencies (guarantees, tax debts, pending claims).
Acceptance with Benefit of Inventory
It limits the heir’s liability to the value of the inherited assets. Recommended when there are doubts about the solvency of the deceased, open litigation, or businesses with liabilities difficult to quantify. We process the declaration before the Notary and supervise the formation of the inventory.
Renunciation of Inheritance
A formal and irrevocable act that must be recorded in a notarial deed. The renouncer loses all rights to the assets and their share accrues to the co-heirs or passes to the testamentary substitutes. We advise on the civil and tax consequences, which vary depending on whether the renunciation is pure (without taxation) or in favor of a determined person (taxed as a gift).
Partial Renunciation and Special Situations
The law prohibits accepting one part and renouncing the rest. The exception: when the call comes from different titles (will and legacy, for example), it is possible to accept one and repudiate another. We analyze each case to identify valid options and avoid null decisions.
Right to Deliberate and Interpellatio in Iure
We process the right to deliberate so that you have a period with inventory before pronouncing yourself, without silence being interpreted as acceptance. If you need another heir to pronounce themselves to unblock the partition, we request the notarial interpellatio in iure, which forces a response within 30 days.
Tax Implications of Acceptance and Renunciation
Acceptance obliges you to settle Inheritance Tax within six months from death (extendable another six months). Pure renunciation generates no taxation for the renouncer, but increases the share of those who accept. Renunciation in favor of a determined person is taxed twice: for inheritance and for gifts. We calculate the tax cost of each scenario so that the decision integrates inherited assets and tax burden.
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Tell us about your case, and we’ll evaluate the best strategy to protect your inheritance interests.
