Disputes relating to the liquidation and division of an estate involving property in Spain or France
Managing an estate can become a complex process, especially when assets are located in different countries, such as Spain and France. An inheritance lawyer offers you a comprehensive and effective defence in disputes related to the liquidation and division of estates, ensuring that your rights are respected at all times.
What does the liquidation and division of an estate involve?
The liquidation of an estate involves the identification and valuation of all the assets, rights and obligations of the deceased. Subsequently, the property is divided, i.e. distributed among the heirs, either in accordance with the will or, failing that, in accordance with the applicable legal regulations. This process can generate tensions between the heirs, especially when there are differences of opinion over the distribution of property or its administration.
When it comes to inheritances with assets in more than one country, such as Spain and France, the differences between the inheritance laws of the two countries can increase the complexity of the process.
Inheritance litigation with property in Spain or France
Estate disputes can arise for a variety of reasons. Some of the most common conflicts include:
- Disputes between heirs: Differences over the interpretation of the will or the value of the property can lead to tensions that require judicial intervention.
- Imposition of testamentary conditions: A will may include conditions that some heirs feels are unfair or impossible to fulfil, leading to legal disputes.
- Claims of legitimacy: In Spain, certain heirs are entitled to a legitimate share of the inheritance, which can lead to conflicts when this right is not respected.
- Conflicts over the administration of the estate: The management of assets before they are distributed can also be a cause of conflict between the heirs.
Services of an Estate Litigation Lawyer
A cross-border lawyer with experience in inheritance law offers a comprehensive service for the defence in disputes over the liquidation and division of estates in Spain or France. The lawyer has extensive experience in international law and inheritance law, which allows him to take a specialised approach to each case.
Services include:
Legal advice on Spanish and French inheritance law: Each country has its own inheritance regulations. A cross-border lawyer advises you on the legislation applicable to your case, whether in Spain or France, and helps you understand your rights and obligations as an heir.
Representation in negotiations: Many estate disputes can be resolved through negotiations between heirs, thus avoiding a lengthy and costly court process. Lawyers represent you in these negotiations, always looking for the best solution for your interests.
Defence in court: If negotiations do not lead to an agreement, the lawyer is ready to defend your rights in court, both in Spain and in France. We ensure that the court process is conducted fairly and in accordance with the law.
Cross-border inheritance expertise: One of the main challenges in inheritance disputes involving property in different countries is determining which law applies.
In Spain and France, inheritance rules can vary considerably, especially with regard to the reserved portion, wills and the rights of heirs.
The two countries are also under the aegis of Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of judgments, acceptance and enforcement of authentic instruments in matters of succession upon death and the creation of a European Certificate of Succession.
Why choose a cross-border lawyer?
A cross-border law firm has a deep understanding of both legal systems, which allows them to propose a strategy tailored to each situation and defend your interests. BCV Lex, our teams in Bordeaux and Madrid are at your service and operate throughout France and Spain to defend your interests. Don’t hesitate to contact us.
