Inheritance, successions and donations

Lawyer for Business Services in Axarquia

Lawyer specialising in Inheritance, Inheritance and Donations

A broad knowledge of civil law and tax regulations at both national and regional level is necessary to plan or manage a donation or inheritance correctly, so that future conflicts can be avoided and the costs of doing so are kept to a minimum.

No two situations are the same when this time comes, so that it can often be done cheaply and simply, and on other occasions the situation will require several notarial or even judicial operations to bring it to a successful conclusion.

Once these issues have been checked, it will be necessary to plan the operation fiscally, to sign a reservation or deposit contract, perhaps a private purchase contract, then to notarise it, organise the form of payment, manage the financing if necessary, pay the corresponding taxes (whether VAT, ITP, municipal capital gains tax...) and finally manage the correct registration of the operation in the public registers.

In the case of the seller, although fewer steps are required on the part of the professional, those that are necessary are by no means trivial, being fundamental the fiscal planning of the operation, the correct drafting of the reservation contract and the organisation of the means of payment and the appropriate management of the means of payment and taxes that correspond to the seller, normally the capital gains tax and the local council tax.

Each of these procedures, as well as those that may arise as a result of them or in order to carry them out, will always depend on each specific case, person or situation. This is why no single guide can be given to any buyer or seller. Hence the importance of having a reliable lawyer who will manage the entire operation, informing us in advance of all the necessary steps and expenses, giving us security and avoiding surprises, so that we only have to worry about enjoying our new property, or the price obtained from its sale.


Currently, Andalusian legislation is extremely favourable to donations from parents to children, or between spouses. It is a possible way to advance an inheritance or to support a family member. Today and in these cases only 1% of the amount previously due is paid, which in practice results in derisory amounts. The involvement of a Notary Public and, in some cases, of the Land Registry or Commercial Registry will always be compulsory. It should be borne in mind that this was not always the case, that the competence is ultimately a state competence, being ceded to the Autonomous Community, so there is no guarantee that these benefits will last forever. Legal changes may occur, which makes it advisable to carry out such transactions as soon as possible. Contact us to plan and carry out the donations to family members you have in mind, so you don't have to worry about anything.


In addition to the personal losses caused by the succession, the formalities involved in formalising an inheritance can be cumbersome and complicated, especially when the heirs do not have a good relationship with each other. Some of these procedures are covered by funeral insurance, if you have one, but most of them and the most relevant ones are not. Some of these procedures are covered by funeral insurance, if you have one, but most of them and the most relevant ones are not. Contact Montosa Abogado to manage the necessary formalities and simplify the process, minimising problems.

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Montosa Abogado Axarquia (5)

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