What is a heirs declaration and what is it for?
I want to talk about the Declaration of Heirs, (whose full name is "Declaración de Herederos Ab Intestato), because an unusual case has just happened to me, and it is that I am processing an inheritance in which I need the bank to unblock the bank account of the deceased, father of my client, for which we have provided all the necessary documentation, including the will of the deceased, and after charging 70 euros for the management, the bank comes to say that they cannot proceed to unblock the account because the external firm that reviews the wills, which is a very famous national firm, one of those that appear in the news and newspapers, says that we have to provide the Declaration of the Heirs. Of course, you may not see where the problem is, but if you do, it is because you don't know what the Declaration of Heirs is and what it is for.
First of all, we must take into account that there are two ways to die from the inheritance point of view: (1) with will, (testate succession) and; (2) without will, (intestate succession). Well, when the deceased person had granted a will, which is what you have to do to avoid more expenses and formalities, even if you have nothing, this document, the will, is the one that says who has to inherit and how much has to inherit and there is not much more to talk about, (unless the will contains dispositions that are contrary to the law). But if the person dies without a will, who are the heirs. "Well, the wife and the children," you may say. But I ask you, but what children, how do you know that there are no children other than those known to everyone, (I guess you see where I'm going, don't you?). Well, for this there is the declaration of heirs ab intestato, which is nothing more than an act made by a Notary, who after having examined the documentation provided, having heard witnesses who would have known the deceased, and having published an announcement in a bulletin for 20 working days in case there is someone who "has something to say", ends up declaring that it is notorious that the only heirs of the deceased are his children, or his spouse, or whoever.
So, as you can see, the declaration of heirs ab intestato and the will are incompatible with each other, or one or the other, cannot coexist, and hence it is more than striking that a law firm with a turnover of more than 50 million euros every year, whose clients are mainly companies, including banks, and a staff of more than 400 employees, come to say that having the will that has been delivered to them twice, they need the declaration of heirs ab intestato.
Conclusion: Either will or declaration of heirs, but both is not possible, at least in Spain.
Do not forget that you can consult me if you have any doubts by sending me an email with your query to dtierno@icacordoba.es
David Tierno García
Attorney at Law
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