Inheritance Lawyer in Velez-Malaga
Inheritance Lawyers
The starting point of an inheritance is a painful and difficult time for everyone involved. As such, disagreements can arise at any time.
Whether you are dealing with the adjudication of an inheritance, contesting a will or any other inheritance law matter, the legal challenges can be overwhelming.
This is where an experienced inheritance lawyer can be of great help.
Notarial or judicial inheritance
The best thing to do is to agree and avoid court proceedings. Much quicker and cheaper.
Legitimate, Improvement and Free Disposal
Spanish law differentiates between three parts of the inheritance and to whom it can be passed on.
Challenging
If you do not agree, wills and divisions can be challenged in court on specific grounds.
Partition and division of inheritance
You can always go to court to divide an inheritance.
How a lawyer can help you with your inheritance
An inheritance lawyer is an expert in inheritance and gift law who can help you navigate the complex legal and bureaucratic procedures of this long and complex procedure of division and distribution of assets, rights and debts.
Whether you need advice on wills, inheritance or any other inheritance law matter, a good lawyer will provide you with the guidance and support you need.
You should be aware that these are long proceedings, usually with many parties involved, with family and personal relationships that have a lot of history behind them, and it is always better to have someone who can provide distance and bring logic and practicality to the process so that everyone comes out of the process with the greatest possible benefit.
In addition, the fiscal aspect of the procedure is essential, as it sets the deadlines and determines to a large extent the economic distribution that can be made of the assets and rights in question.
What you need to know about the inheritance process
To start the inheritance process, you will need to provide certain documentation:
- Certificates.
- Wills.
- Notes from land registers.
- Other documentation related to your case.
At that time, your lawyer will identify any potential problems and advise you on the next steps.
Timeframes may vary depending on the nature of your case. For example, will contestation cases can take longer due to the need to interact with various public administrations, courts and specialised professionals such as doctors, notaries, etc. This is where an experienced lawyer can help you speed up the process and ensure that all mandatory tax deadlines are met.
As for potential problems, these can range from disputes about the will, to disputes about capacity, to disputes between heirs, to disputes with third party co-owners or with public bodies. Again, no matter how complex the problem, an inheritance lawyer will help you find a solution.
The best inheritance lawyers in Inheritance Lawyers?
It is not for us to say, we prefer to let our clients speak for us. In any case, what we are sure of is that we are among the best law firms in Axarquia.
Why are we so sure? Because we have years of experience in the field of inheritance law, which gives us the knowledge and expertise to handle a variety of cases.
We would like to share with you some examples of successful cases we have worked on as an Inheritance Lawyers here in Velez-Malaga:
Adjudication of Inheritance: we had a client who was dealing with a complicated inheritance. There were several properties involved and several heirs with varying degrees of kinship. We worked closely with the client to understand his case and the objective he was trying to achieve.
Based on this, we developed a specific legal strategy and, after a long and complex process, we were able to adjudicate the estate in a fair and equitable manner, satisfying – as far as possible – all heirs.
Challenging a Will: In another case, a client came to us with concerns about the validity of a Will. They believed the will had been tampered with and wanted to contest it. We reviewed the will and related documents. And we found evidence of irregularities.
We took the case to court and, after a trial, the judge agreed with us and annulled the will.
Out-of-court settlement: our speciality is settling inheritances without having to go to court. In one particular case, a client needed help from the outset to understand his rights as an heir, the implications of accepting an inheritance, his obligations and the benefits it would bring.
We provided advice and guidance, liaised with the other heirs and their lawyers and helped the client through the complex probate process. In the end, we were able to reach an agreement with all the other heirs and the client was able to receive his inheritance without any problems, once the acceptance was signed before a Notary.
These are just a few examples of the many cases in which we have been successful as an inheritance lawyer in Velez-Malaga. As you can see, each case is unique and requires a different approach.
Whether you are dealing with an inheritance, need advice on wills or help with inheritance law, we can provide you with the advice and representation you need, so contact us here:
Questions you may have
How long does the inheritance process take?
It depends very much on whether it is done by mutual agreement in a Notary’s office or in a Court proceeding.
In a notary’s office it can take about 3 months, while a contentious one, depending on the court and the assets to be divided, can take up to 6-8 years, as there are several phases and hearings (you must go in person to several different trials).
And it is very important, if you are not going to do it by the good old days, to present the corresponding taxes in order to avoid fines.
What is the cost of the procedure?
In inheritances, a percentage is usually charged based on the valuation of what each heir gets, the assets to be distributed, the number of heirs and the difficulty of the procedure.
The more assets and heirs, the more difficult it is to distribute them and the longer it will take to finish.
A fee of between 3% and 10% is usually charged, including lawyer and solicitor.
What are the most common procedures in case of intervention of a judge?
If you have to go to court, the most common is to contest a will or to divide an inheritance.
Challenging a will is when one or more heirs do not agree with the distribution made by the deceased and decide to bring it before the judge, because they understand that it is contrary to the law or because they understand that when the will was made, that person was not in a fit state and that his or her will was manipulated by another heir.
The inheritance distribution procedure is long and complex. First of all, an “inventory” must be made, which means that all the deceased’s assets and debts have to be included in the inheritance. If the heirs cannot agree, there will be a trial.
Next, the assets must be valued, which, again, if they do not agree, an expert will have to be called in to do so, and there will be another trial.
Finally, they will have to be distributed, which, if no agreement is reached, will be done by another person appointed by the judge. And, of course, another trial.
After all this, the assets will be divided or auctioned and the money will be distributed, depending on what the judge decides.
What taxes do I have to pay and when? What are the other costs?
Essentially, there are two taxes in all inheritances: inheritance tax and capital gains tax.
Inheritance tax must be paid within 6 months of death and the direct heirs (children and parents) will only pay 1%, as in Andalusia 99% is subsidised. Siblings and other relatives will have to pay a percentage depending on the value of the inherited property.
Plusvalías is a local tax, it depends on each City Council and only affects real estate (flats, premises, etc.). In Malaga, the deadline to pay it is 6 months, although it can be extended for another 6 months. The percentage depends on the value of the flat, when it was bought and who inherits it, because the direct heirs are subsidised.
If the inheritance is awarded by mutual agreement in a notary’s office, there will also be a legal document fee, which is 1.2% of the value of the property. Other expenses c
Who is the BARRISTER?
This is the other professional whose intervention is compulsory in this type of proceedings. According to the definition given by the Consejo General de Procuradores de España, the BARRISTER is the procedural representative of the litigants. What does this mean? It means that BARRISTERS are in charge of:
- Follow the process, be aware of all the steps and keep the client and his lawyer informed.
- They are responsible for all the formalities: they receive and sign the summons, summons, notifications, etc.; they attend all the necessary proceedings and acts of the lawsuit. All this in representation of and on behalf of the client.
- Transmit to the lawyer all documents and instructions that come into his hands.
- Pay the expenses that are generated at the request of the client and give a documented account of them.
Would you like to give us a consultation? The first one is FREE
Write or call us and tell us about your situation.
If we can help you directly, we will provide you with the information you need. If not, we will refer you to the right professional.
In either case, you will be closer to a solution.
We are in Velez-Malaga
Office
C/ La Maroma nº 3, 3º B
29700 (Vélez-Málaga).
Opening hours
Monday to Friday:
8:00-15:00
Tuesady:
17:00-20:00
Client Reviews
Here you can see what our clients are saying about our firm.
Additionally, in this link you can find reviews on Google: See reviews on Google
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Una auténtica suerte encontrar a profesionales como Fernando. De trato cercano, amable y siempre dispuesto a ayudar. La mayor tranquilidad y mejor opción ante situaciones complicadas.
Vanesa Fernández Carnero
10 de December de 2023 -
Lo que más valoro de Fernando es su capacidad de empatizar, entender el problema que se le plantea, analizarlo y darte las mejores alternativas, de una forma práctica y sencilla, es algo que grandes bufetes no te dan, tal dedicación y cercanía.
Miguel Aguilar Cueto
10 de December de 2023 -
Profesional Excelente en defender los derechos e intereses de sus clientes. Fernando García es uno de los mejores abogados de Málaga. lo recomiendo 100%.
FRANCISCA FERNANDEZ MONTIEL
6 de April de 2024 -
"Nos ha ido muy bien con él. Desde el asesoramiento en la primera consulta, donde fue muy sincero con nuestras opciones (y además no nos cobró nada) hasta resolver el proceso. Implicado al 100% y con muy buena comunicación. Muy recomendable"
Alba OM
18 de January de 2024 -
Una auténtica suerte encontrar a profesionales como Fernando. De trato cercano, amable y siempre dispuesto a ayudar. La mayor tranquilidad y mejor opción ante situaciones complicadas.
Vanesa Fernández Carnero
9 de December de 2023 -
Muy contenta. Sin su asesoramiento nos habríamos visto desprotegidos. Y el trato ha sido cercano y fácil.
María Ortiz
8 de May de 2026 -
Tenía un problema con mi contrato de alquiler y me han ayudado a resolverlo con el propietario. Muy amables y muy rápidos.
Pamela Cabral Tiburcio
3 de November de 2025 -
Tuve la suerte de contar con Fernando para resolver un complejo caso de herencia, y no podría estar más satisfecho. Su profesionalidad, conocimiento y dedicación fueron clave para lograr una solución justa y eficaz. Desde el primer momento, mostró un trato cercano y resolutivo, guiándonos con claridad en cada paso del proceso. Gracias a su excelente gestión, un asunto que parecía imposible se resolvió de la mejor manera. ¡Totalmente recomendable!
Guillermo Garces Redondo
16 de March de 2025 -
Lo que más valoro de Fernando es su capacidad de empatizar, entender el problema que se le plantea, analizarlo y darte las mejores alternativas, de una forma práctica y sencilla, es algo que grandes bufetes no te dan, tal dedicación y cercanía.
Miguel Aguilar Cueto
10 de December de 2023 -
I had a really positive experience with this firm. From the very first contact, they were incredibly responsive, professional and easy to communicate with. What stood out most was how kind and approachable they were. They took the time to respond clearly and made everything feel straightforward and stress-free, which I really appreciated. Even without needing to proceed further, I felt well looked after and would definitely return to them in the future if I needed legal assistance. Highly recommended.
The KeiSki
13 de April de 2026