Civil law and inheritance lawyers in Mataró
Estates and succession, acceptance and distribution, forced shares, debt claims, contracts and civil liability. These are matters that tend to arrive at a bad moment, with the clock already running.
Legal advice when everyday matters become difficult
Civil law covers the things that happen to everyone sooner or later: a relative dies and nobody knows where to start, an invoice goes unpaid, a tenant stops paying, a property sale falls apart. Nobody reads this page out of curiosity. People read it because something has reached the point where it can no longer be put off.
One point matters more than any other here, and it catches out most people who move to the area: succession in Catalonia is governed by Book Four of the Civil Code of Catalonia, which has its own rules and differs from the rest of Spain. The forced share, acceptance under benefit of inventory, the way an estate is divided. None of this works the way it does elsewhere, and it changes both what each heir receives and what the tax authority is owed.
We handle estates from beginning to end, from the certificate of last wills through to registration of the property at the Land Registry, and we also take on debt claims, contracts and civil liability, for individuals and for businesses across the Maresme. We advise in Catalan, Spanish and English.
Inheritance work also has an element the textbooks leave out: the family. What blocks a division is often not a legal question at all but a conversation nobody has had for years. So we take the time, listen to each side and try to reach an agreement before anyone goes near a court.
Before we talk about outcomes we talk about dates: which time limits are already running and what documents we have to work with. No lawyer can guarantee how an estate or a debt claim will end; what we will do is tell you what needs doing and by when.
Estates, claims and contracts
From the will to the final award, and from the unpaid invoice to the claim in court.
Estates and succession
Wills, the certificate of last wills and, where there is no will, the notarial declaration of heirs. We put the paperwork in order and tell you who inherits, what, and in what proportion.
Acceptance and distribution of the estate
An inventory of assets and debts, the deed of partition and the notarial deed of acceptance and distribution. Then registration at the Land Registry and the transfers at banks, insurers and traffic authorities.
Forced shares and disputes between heirs
In Catalonia the forced share (legítima) is a monetary claim, not a share of the assets, and it amounts to a quarter of the estate. We claim it or defend against it, and we act in challenges to wills and in stalled divisions.
Debt claims
Unpaid invoices, rent arrears, private loans or building work never settled. We start with a formal demand and, if that fails, move to the order for payment procedure or the appropriate trial.
Civil contracts
Sales, deposits and option agreements, residential and commercial leases, breaches and terminations. We review them before you sign and enforce them when the other side does not perform.
Civil liability
Contractual and non-contractual damages: damp and building defects, damage to property, breaches with a financial consequence. We quantify the loss and claim it.
An estate, step by step
Every succession has its own quirks, but the route is usually this one. Knowing which stage you are at is what keeps you from missing a deadline.
Documents and last will
Death certificate, certificate of last wills and an authorised copy of the will. Where there is no will, we arrange the notarial declaration of heirs.
Inventory and valuation
Bank accounts, property, vehicles, insurance policies, and the debts. With the figures on the table we decide whether to accept plainly, accept under benefit of inventory or renounce.
Acceptance and distribution
We prepare the deed of partition and the notarial deed of acceptance and distribution, allocating the assets under the will or, where there is none, under the rules of intestacy.
Taxes and transfers
Inheritance tax and, where there is urban property, the municipal capital gains tax. Then registration at the Land Registry and the formalities with banks and insurers.
Deadlines drive everything here. Inheritance tax is due within six months of the death, extendable by a further six if the extension is requested within the first five. And on debt claims, the general limitation period for personal claims in Catalonia is ten years (art. 121-20 CCCat), but many everyday claims, such as rent, services, building work or supplies, lapse after three years (art. 121-21 CCCat). We go into both in detail on the blog, in Inheritance in Catalonia: steps, deadlines and taxes and in Claiming a debt: how to collect money you are owed.
A relative has died and I don't know where to start
When someone calls us about this, it is almost always with the feeling that time is already running out. You don't need everything resolved on day one, but you do need to know what is urgent and what is not. These few points take away half the worry.
- The first clock that starts is the tax one: six months from the death to settle inheritance tax, extendable by six more if the extension is requested within the first five.
- Find out whether there are debts before you accept anything. Acceptance under benefit of inventory limits liability to the value of what is inherited and protects your own assets.
- Request the death certificate and the certificate of last wills. Between them, they tell us whether there is a will and which notary holds it.
- If the estate includes urban property, the municipal capital gains tax also has to be settled with the town hall, on its own deadline and separately from inheritance tax.
- Don't sign anything between siblings just to get things moving. A division agreed verbally and poorly documented is the single most common source of conflict months later.
Questions on inheritance and claims
Do you handle inheritance matters, and how long do they take?
Yes, and we handle them from start to finish. How long it takes depends on whether there is a will, whether the heirs agree and how well documented the assets are. A straightforward estate with no dispute can be settled in a few weeks; where there is disagreement between heirs or complex assets, it can run to months.
How long do I have to pay inheritance tax in Catalonia?
Inheritance tax must be filed and paid within six months of the death. That period can be extended by a further six months if the extension is requested within the first five. If the estate includes urban property, the municipal capital gains tax (plusvàlua) must also be settled with the town hall, on its own separate deadline.
The deceased had debts. Can I inherit without putting my own assets at risk?
You can accept the estate under benefit of inventory: liability for the debts is then limited to the value of the assets inherited, so your own property is not exposed. You can also renounce the inheritance outright. We go through the figures with you first, because a plain and simple acceptance cannot be undone later.
The heirs cannot agree on how to divide the estate. What are the options?
We always try to reach an agreement first, because it is faster and cheaper. If that is not possible, the law provides for judicial division of the estate, with a court-appointed contador-partidor carrying out the split. We look at the case and tell you which route is realistic given the assets and the point of disagreement.
How long do I have to claim a debt in Catalonia?
The general limitation period for personal claims is ten years (art. 121-20 of the Civil Code of Catalonia), but many everyday claims lapse after three years (art. 121-21 CCCat): rent and other periodic payments, services and building work, the price of goods and supplies, and non-contractual liability. It is worth acting rather than letting time run.
Do I have to go to court to collect an unpaid invoice?
Not always. We usually start with a formal out-of-court demand by burofax, which records the debt and interrupts the limitation period. If that does not work, the order for payment procedure (proceso monitorio) is the quick route for debts supported by documents. We assess the prospects and tell you which route fits your case.
Tell us about it, in your own time
Bring whatever you have, a letter from the notary, an invoice or a contract, and we'll look at it with you. We see you at our office in Mataró, and the first consultation carries no obligation to instruct us.