Amicable resolution of inheritances: advantages and procedures in Spain and France

The amicable resolution of an estate allows the heirs to manage the distribution of the deceased’s estate in a consensual manner, avoiding legal confrontation and the associated costs. Below, the advantages, legal framework and procedures for the amicable resolution of inheritances in Spain and France are examined, with particular mention of cross-border successions involving the last residence of the deceased, the residence of the heirs or the location of the assets in Spain or France.

Advantages of amicable resolution of estates

Opting for an amicable resolution has many advantages. First of all, cost reduction is highlighted. Legal proceedings often involve considerable expenses in terms of lawyers’ fees, notaries’ and accountants’ fees, among others.

In addition, this method promotes the preservation of family relationships. Inheritance disputes can lead to lasting tensions between heirs. By opting for an amicable agreement, dialogue and cooperation are encouraged, which contributes to the maintenance of family harmony.

Another advantage is the speed of the process. It can take several years for the courts to resolve inheritance disputes.  In contrast, an out-of-court settlement allows for a much faster resolution, thus speeding up the disposal of assets and inheritance tax.

Legal framework for the amicable resolution of inheritances in Spain and France

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 to the estate and on the creation of a European Certificate of Succession applies in Europe.

At the national level, in Spain, the Civil Code, in its articles 1051 et seq., regulates inheritance agreements and consensual inheritance divisions. In addition, the Law on Voluntary Jurisdiction (Law 15/2015) facilitates the notarial intervention in these agreements, giving them full legal validity.

However, in France, inheritances are governed by Title I of Book III of the Civil Code (Articles 720 to 892).

Both regulations allow and encourage the amicable settlement of estates.

In the case of cross-border inheritances between Spain and France, the Convention signed in 1964 between Spain and France for the avoidance of double taxation and to establish rules for mutual administrative assistance in the field of income tax and inheritance tax also applies.

The figure of the notary is essential in both countries. The notary acts as a notary, ensuring that the agreement reached complies with all legal requirements and accurately reflects the wishes of the deceased and the parties involved. In addition, notarial intervention provides legal certainty, since notarial acts are enforceable.

Procedure for the amicable resolution of an estate

The first step in the amicable resolution of an estate is the willingness of the heirs to reach an agreement. It is essential that all parties be willing to engage and negotiate in good faith. In this sense, having the advice of a specialized lawyer can be of great help in understanding the rights and obligations of each heir, especially given the difference between countries in terms of the role of notaries in inheritance.

Once the heirs have decided to resolve the estate amicably, they must gather all the relevant documents. These include the death certificate, the certificate of last will, the will (if applicable), the inventory of property (assets?) and debts, and any other documents proving ownership of the deceased’s property.

Once all the documentation is in order, and once the will is opened or the heirs are established, they will be able to sign the deed of division of the property before a notary, who will detail the distribution of the property and rights among the heirs as agreed. It is essential that all heirs sign the deed, either in person or through a proxy, for the agreement to have full legal validity.

Finally, inheritance tax will have to be paid, which in Spain varies according to the Autonomous Community and in both countries will depend on the value of the inherited assets and the degree of kinship between the deceased and each of the heirs.

Cross-border successions: Spain and France

In the case of cross-border successions involving the last residence of the deceased, the residence of the heirs or the location of the property in Spain or France, it is even more advisable to have expert and early legal advice. Given that it is necessary to sign different notarial deeds in different countries, the coordination of these steps by a lawyer specialized in the Spanish and French legal systems will make it possible to resolve the succession in the time strictly necessary, and to avoid, for example, an unnecessary risk of double taxation.

Conclusion

The Amicable resolution of inheritances is the most effective and advantageous option for managing the distribution of estate assets located in Spain and France. It facilitates a quick and economical solution, preserves family relations and provides legal certainty thanks to the legal advice of a lawyer familiar with the relevant legal systems and notarial intervention.

To achieve a successful amicable resolution, the commitment of all parties and the support of legal professionals specialized in the field are crucial, especially in the case of cross-border successions in terms of the last residence of the deceased, the residence of the heirs or the location of the assets in Spain or France. 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.