Inheritance Law
Deeds of acceptance of inheritance are a fundamental legal instrument in the context of inheritance law, by which the heir formally declares acceptance of the inheritance. This procedure ensures that the deceased person's estate is transferred to the heir in accordance with the legal provisions laid down.
What is the Deed of Acceptance of Inheritance?
The deed of acceptance of inheritance is the document by which the heir formally assumes the rights and obligations arising from the inheritance. This declaration can be made in two main ways:
Notarial Deed: The heir appears before a notary who draws up the deed based on the heir's declaration of acceptance of the inheritance. This procedure gives the document formal legal force and ensures the accuracy and transparency of the actions.
In order to accept the inheritance, full documentation of the inheritance is required, such as certificates relating to death and succession, certificates relating to real estate and evidence of other assets (vehicles, shares, bank deposits, etc.).
Public wills are one of the most reliable and transparent means of expressing a person's last will and testament, in accordance with the provisions of the Civil Code. Through a public will, the testator clearly states how he wishes his property to be distributed after his death, ensuring legal protection and the final fulfilment of his last will.
What is the Public Covenant?
A public will is a legal document drawn up before a notary and three witnesses, in accordance with the provisions of the Civil Code. In this procedure, the testator freely expresses his wishes for the distribution of his property, ensuring that his final will is carried out in accordance with the law.
Benefits of the Public Will
Legal certainty: the procedure provided for by the Civil Code ensures that the will is legally valid and binding, protecting the rights of both the testator and the heirs.
Transparency and Recording: Drafting before a notary and witnesses provides full documentation of the testator's wishes, reducing the chances of future disagreements or disputes between heirs.
Flexibility and Freedom of Will: The testator has the freedom to make whatever provisions he wishes, always within the limits imposed by law, ensuring that his property is distributed according to his own priorities and wishes.
The Public Will can be freely revoked by the testator, whenever he/she wishes, in accordance with the provisions of the Civil Code.
At the same time, it is freely revoked without the need to revoke it, with a relevant reference in any subsequent will, of whatever kind.
The acts of filing/receiving a private - secret will are a specialised legal instrument provided for by the Civil Code, by which the testator can file the text of his/her private will in a secret and secure form. This procedure ensures that the testator's last will remains secret and protected until the moment of its execution is confirmed.
What is the Deed of Deposit/Receipt of an Idiographic - Secret Will?
A private - secret will is a testament that is drawn up exclusively and in manuscript by the testator, without the supervision of a notary at the time of writing. Then, in order to ensure the secrecy and integrity of the contents of the will, the testator may proceed to deposit the document in a specially designed procedure, in accordance with the provisions of the Civil Code.
Assumption of the Covenant:
If the testator wishes to revoke or amend his/her will, the notary verifies the identity of the testator and, following the procedures provided for, returns the original document and records the withdrawal of the deposit.
All types of wills are freely revocable by reference to a subsequent will of whatever type.
